With its judgment No. 2687/2019, the Council of State upheld the appeal filed by a public hospital against the decision of the Administrative Court of the Campania Region to annul the resolution by which the same hospital launched a negotiated procedure without prior publication of the call for tender.

In the case at hand, the procedure was launched following the annulment of a previous tender called by a central purchasing body and the consequent immediate need for the hospital to ensure the continuity of the management and maintenance of the biomedical equipment covered by the procedure.

In this respect, the Council of State highlighted that, although pursuant to the established case law, this procedure can only be applied in exceptional circumstances, the Ministry of the Economy and Finance, with its circular letter No. 20518/2016, promoted its use by the entities of the National Health Service as a strictly necessary measure pending the signing of a new supply contract, in the absence of initiatives by the relevant central purchasing body.

In its judgment, the Council of State resolved that, in the case at hand, it was not possible for the hospital to launch and award an open, restricted or competitive negotiating procedure in good time to ensure the start of the supply in due time and, therefore, upheld the appeal by confirming the legitimacy of the hospital's decision not to publish the call for tender.