Dam of Genoa, the TAR cancels the assignment of the works

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A few days after the start of the works for the construction of the new breakwater of the port of Genoa, the first section of the Liguria Tar canceled the awarding of the tender. The decision, however, will not affect construction sites. In fact, it is a work financed with the resources provided for by the Pnrr, “and finding application of article 125 of the code of administrative procedure – reads the sentence – the cancellation of the assignment does not entail the annulment of the contract already stipulated ». The illegitimacy of the act therefore has value only for compensation purposes.

Eteria’s appeal accepted by Tar

The appeal had been presented by Eteria, the consortium led by the Gavio and Caltagirone groups with the Spanish Acciona and Rcm constructions, and opposed the awarding of the tender for the construction of the work to the Webuild-Fincantieri consortium. Previously, the Tar had rejected the suspension requested by the appellants, which would have hindered the start of the works, which officially began with the ceremony of 4 May.

The appeal requested, subject to suspension, the annulment of the decree awarding the president of the port system authority of the Western Ligurian Sea, extraordinary commissioner for the construction of the infrastructure, Paolo Emilio Signorini.

The reimbursement request is being quantified

The object of the appeal is the “decree for the award of the complex integrated contract having as its object the elaboration of the definitive and executive design relating to the first and second functional phase and the execution of the works of the first functional phase” of the dam, put to starting price at 928 million. The total cost of the work is expected to be 1.3 billion, also covered by Pnrr funds. The entire new dam will be 6.2 kilometers long; the first part of the works covers 4.1 kilometres.

As it turns out, the Eteria group is preparing to quantify the requested refund, which will be explained in a letter addressed to the Adsp. Various variables will be considered in the calculation, including loss of profit and compensation for damages caused by the award procedure judged illegitimate by the court. The Authority, for its part, will appeal to the Council of State against the sentence of the TAR.