Satta Romano vince per Acea al Tar Lazio

Satta Romano, ha vinto per Acea davanti al Tar Lazio, nell’ambito del contenzioso relativo alla gara per la fornitura di azoto liquido refrigerato con servizio di noleggio di serbatoi di stoccaggio e sistemi di vaporizzazione.
Con la sentenza n. 8820 del 20 luglio 2017, il Tar Lazio ha respinto il ricorso proposto da Rivoira Gas contro il provvedimento di aggiudicazione in favore della società Air Liquide, che, a parere della ricorrente, era viziato perché Acea non aveva fornito comunicazione ai concorrenti in merito al giorno e all’ora di apertura delle offerte economiche.

Il Tar, confermando la tesi difensiva di Acea, ha rigettato il ricorso sul presupposto che nella procedura, gestita attraverso piattaforma telematica ai sensi dell’art. 58 del D.lgs. n. 50/2016, non emerge l’obbligo di svolgimento in seduta pubblica della fase di apertura delle offerte, né di comunicazione preventiva ai partecipanti della data e dell’ora in cui tale attività avrà luogo. Tale circostanza, secondo il Collegio, è giustificata dalle particolarità delle procedure gestite con piattaforma telematica, che consentono una piena tracciabilità di tutte le operazioni di gara.

 

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