Administrative Law

 

Litigation

The firm has consolidated and recognised experience in administrative litigation, particularly in energy, public contracts, authorisations and concessions, healthcare law, privatisation, “mixed” companies (owned by both private and public entities), public recruitment procedures, administrative and accounting liability and public employment matters, as well as in electoral matters.

Public procurement and contracts

The Firm has significant experience in procurement in both ordinary sectors and sectors of special importance, concessions, partnerships, project finance and, more generally, forms of cooperation between public and private entities. The Firm’s professionals provide legal advice and assistance to both private and public entities in all sectors involving public procurement procedures: public works, strategic infrastructures, architectural and engineering services, services and supplies. The Firm advises on all phases of the awarding procedures: from the preparation of the tender documents and the resolutions directed and preparatory to the call of the procedures in the interest of the Contracting Authorities, to the assistance of private parties in the preparation of the bid and administrative documentation, up to the signing of the contract and its performance. The Firm routinely assists public and private clients in litigation concerning public procurement and contracts, both before the administrative and civil courts. Prof. Francesco Saverio Marini, Lawyer:

• has significant experience in support activities for the Project Manager in charge of a public procedure;
• has been and still is Chairman of Technical Advisory Boards pursuant to Law Decree no. 76 of 2020, as amended, and of Commissions for amicable settlements;
• served as Chairman of Arbitral Tribunals in public contracts matters;

The partners and professionals of the Firm carry out academic, research and training activities on public contracts. Specifically, Prof. Francesco Saverio Marini, Lawyer, is Delegate for Legal Affairs of the Chancellor of the University of Rome Tor Vergata and, in this capacity, he has dealt with and is dealing with public procurement procedures managed by the University, both in the awarding and in the performance phase. In 2018, he was a Member of the Working Group for the revision of the Public Procurement and Concession Contracts Code pursuant to Legislative Decree No. 50 of 2016, as amended and supplemented, established by the Minister of Infrastructure and Transport on 18 June 2018.

Independent authorities

The Firm offers its clients qualified assistance in relations with the main independent administrative Authorities – Anti-Corruption Authority (ANAC), Competition Authority (AGCM), Communications Regulatory Authority (AGCOM), Regulatory Authority for Energy, Networks and Environment (ARERA) and Transports Authority (ART) - both in proceedings prior to the imposition of sanctions and in proceedings relating to public consultation prior to the adoption of regulatory acts. Our expertise in the sector guarantees comprehensive in and out-of-court and assistance, from the submission of reports to the Authority, to the defence in proceedings, to the lodging of appeals against sanctioning measures.

Antitrust and protection of competition

The firm has significant experience in competition law, having assisted several economic operators in proceedings before the Competition Authority regarding abuses and cartels, merger control, State aid and consumer protection practices. The firm assist its clients in all matters concerning competition law and unfair commercial practices and is focused on assisting companies:

• in proceedings before the Competition Authority for restrictive agreements and abuses of dominant positions;
• in merger transactions;
• in the drafting of opinions in connection with corporate transactions and the execution of commercial agreements;
• in unfair commercial practices proceedings;

in the subsequent litigations before the Administrative Judge concerning the appeal against the sanctions imposed by the Competition Authority, as well as in litigation before ordinary courts concerning breaches of competition provisions. Prof. Francesco Saverio Marini, Lawyer, was, from 2009 to 2011, Legal Advisor to the Competition Authority on competition and consumer protection issues in the energy, transport, communications and services sectors

Energy, renewables and the environment

The Firm is recognised as an experienced legal advisor in the energy sector, having been involved in numerous litigation proceedings on behalf of leading market players operating plants fuelled by renewable energy sources, both in terms of authorisation procedures and with regard to the qualification of the plants and obtainment of the relevant incentives. On this matter, the firm also regularly advises clients out of court, with reference to the management of relations both with the party providing incentives for renewable energy, and with the administrations responsible for issuing the permits and certifications required to obtain incentives, as well as in institutional relations aimed at promoting and soliciting regulatory interventions suited to the sector’s needs. The Firm, thanks to its long tradition of assisting operators in the sector, provides its clients with the expertise to deal with all matters connected to the energy sector: from regulatory and town planning matters to procedures relating to the granting of incentives for the production of energy from renewable sources and energy efficiency. The Firm also has considerable expertise in environmental matters, thanks to the valuable assistance provided to Public Administrations and private entities in relation to EIA, SEA and IEA procedures, as well as in relation to emergency measures adopted in connection with environmental and health emergencies.

Town planning and construction

The Firm has extensive experience in town planning and construction law. In this respect, thanks to their in-depth knowledge of the sector’s regulations, the Firm’s professionals assist Public Administrations and private entities wishing to implement land transformation or urban redevelopment projects, as well as projects involving buildings, including through town planning agreements (recently introduced in the Italian legal system). The firm also offers assistance with reference to expropriation for public utility procedures and the refusal of authorisations and concessions, as well as in environmental matters (disputes on SEA, EIA and IEA procedures) and territorial governance (building permits and planning).

Telecommunications

The Firm assists private and public clients operating in the fixed and mobile telecommunications, radio and television and internet sectors and provides assistance in the procedures for the assignment of rights of use of frequencies to be allocated to electronic communication services. The Firm also boasts significant and qualified expertise in the field of communications and information pursuant to Legislative Decree no. 159/2011 as subsequently amended and supplemented, also in relation to the consequent implications in relations with the Public Administrations, as well as in matters concerning public contracts, disbursement of public contributions, and authorisations to carry out specific activities. In coordination with the Civil Law Department, the Firm also deals with said matters in relation to insolvency proceedings involving persons affected by the measures of the Anti-Mafia Prevention Code.

Electoral litigation

The Firm has specific experience in litigation on preparatory acts relating to the electoral activities for the renewal of the elected bodies of Regions, Provinces, Metropolitan Cities, Municipalities, and the European Parliament, to litigation following the proclamation of the elected, as well as litigation relating to disqualification, incompatibility, being considered unfit for office, etc.. The firm also provides assistance in litigation before bodies of internal jurisdiction, regarding elections for the renewal of members of the Chamber of Deputies and the Senate.

Healthcare Law

The firm has extensive experience in relation to public law healthcare matters, with specific reference to relations between the State, the Regions and accredited healthcare private entities. The Firm provides assistance both in litigation – mainly concerning the determination of fees, the setting of expenditure ceilings and budgets, the regulation of contractual relations and the payment system – and out-of-court, assisting in relations with the Regions, Local Health Authorities and other local authorities, also in coordination with the civil law department with regard to the feasibility of corporate transactions between authorised and accredited entities.

Team