With judgment No. 687/2019 of July 16, 2019, the Council of Justice for the Sicilian Region ruled on the criterion of functional equivalence between medical devices with different durations, establishing that two insulin pumps with different durations are functionally equivalent where there is concrete evidence of a particular performance advantage of the device with a shorter duration compared to that with a longer duration, or conversely, a particular disadvantage of the latter compared to the former.   

In particular, with the abovementioned judgment, the administrative Court clarified that the assessment of the functional equivalence between devices with characteristics that are seemingly non-homogeneous, aimed at ensuring the principle of competition, requires that bidders be put in the position of proving that their product equivalently satisfies the performance standards provided for by the tender documentation.