Nota a sentenza del Consiglio di Stato, Sezione v, n.1615 del 7 marzo 2022

With the sentence of March 7, 2022, n. 1615, the Council of State expressed itself on the possibility for a stable consortium of companies to apply the so-called "bulk accumulation" mechanism in the event of participation in a tender for object an asset protected by the cultural heritage code. The Council of State then analyzed a series of issues that the decision required to resolve. First, in fact, the judges of Palazzo Spada tried to clarify the hypotheses that fall within the application of the rules set out in Chapter III of the procurement code, containing the rules on procurement in the cultural heritage sector. Secondly, they focused on the interpretation of the provisions relating to the participation requirements required of companies carrying out works relating to cultural heritage.