Being excluded from a tender, especially when you believe you have met all the requirements, represents a serious damage for a company. In addition to the failure to win the contract, an illegitimate measure can compromise the company's reputation and preclude future opportunities. Understanding the legal protection mechanisms is the first step to defend your rights and obtain fair compensation for the damages suffered. As an expert lawyer in damages compensation in Milan, lawyer Marco Bianucci assists companies in this complex path, providing targeted support to contest the exclusion and quantify the damage suffered.

The Regulatory Framework: When is an Exclusion Illegitimate?

The regulation of public tenders in Italy, governed by the Public Contracts Code, is based on principles of transparency, impartiality, and equal treatment among competitors. An exclusion is deemed illegitimate when the contracting authority adopts a measure that violates these principles or specific procedural rules. The most common reasons include formal defects in the documentation that could have been remedied through procedural assistance, incorrect assessment of participation requirements, or contradictory and illogical justifications. In these cases, the law provides for the possibility of challenging the exclusion measure before the competent Regional Administrative Court (TAR).

The Compensable Damage Categories

When an exclusion is judged illegitimate, the company is entitled to compensation covering the various forms of prejudice suffered. The main damage categories include the loss of chance damage, which is the loss of the concrete possibility of winning the tender. The quantification of this damage is not automatic but is based on a prognostic judgment that assesses, with a high degree of probability, what the company's chances of winning would have been had it been allowed to compete. In addition to this, there is curricular damage, which consists of the prejudice to the company's reputation and professional image, resulting from being unjustly excluded from a public competition.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a strategic and rigorous analysis of each case. The first step involves a thorough examination of all tender documentation and the exclusion measure to identify grounds for illegitimacy. Subsequently, a recourse to the TAR is drafted, structured to obtain the annulment of the act as a priority and, where possible, readmission to the procedure. In parallel, a solid argument is built for the compensation claim, precisely quantifying both the loss of chance and the curricular damage, in order to ensure the client the maximum possible redress for the wrong suffered.

Frequently Asked Questions

How much time do I have to appeal against exclusion from a tender?

The deadlines for challenging an exclusion measure from a tender are very strict. Generally, the appeal to the TAR must be notified within 30 days of full knowledge of the measure. It is therefore essential to act with the utmost promptness to avoid losing the right to legal protection.

What exactly is meant by loss of chance damage?

Loss of chance damage is not compensation for the lost profit that would have been obtained by winning the tender, but redress for the loss of the concrete possibility of competing for the award. Its amount is determined by the judge on an equitable basis, considering the chances of success the company would have had if it had not been illegitimately excluded.

Is it possible to obtain compensation even if I wasn't sure of winning the tender?

Yes, it is possible. Compensation for loss of chance does not require absolute certainty of winning. It is sufficient to demonstrate that the company had a serious and appreciable probability of winning the tender. The assessment is based on the quality of the offer submitted and its competitiveness compared to that of other admitted competitors.

What documents are necessary for an initial case assessment?

For a preliminary assessment, it is essential to provide the invitation letter, the tender notice, the tender specifications, the offer submitted by your company, the exclusion measure with its justifications, and, if available, the final ranking. These documents allow for an analysis of the validity of the challenges and the strategy to be adopted.

Request an Assessment of Your Case in Milan

If your company has suffered an exclusion from a tender that you believe to be unfair, it is crucial to act quickly to protect your interests. Lawyer Marco Bianucci offers qualified legal advice to analyze the legitimacy of the measure and define the best strategy to obtain annulment and fair compensation. Contact the Bianucci Law Firm, located at Via Alberto da Giussano 26 in Milan, to explain your situation and receive a targeted legal opinion.