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27.01.2021

Pedersoli in the lawsuit brought by EG Italia and Autostrade per l’Italia against Tamoil on the concession of motorway areas

Pedersoli Studio Legale has advised EG Italia S.p.A., the Italian branch of the UK retailer that manages more than 6,000 sites among petrol stations and fast food outlets in Europe, USA and Australia, in the lawsuit, with Autostrade per l’Italia S.p.A., against Tamoil Italia S.p.A. on the concession of motorway areas.

Tamoil took part in the procedure, to be awarded on the basis of the most cost-efficient tender, organised by Autostrade per l’Italia for the sub-concession of the fuel-oil products’ distribution service and ancillary and side activities in a service area in Novate Nord, ranked second, after EG, which has been awarded accordingly.

By appeal to the Administrative Court of Lombardy, Tamoil has opposed the results of the tender procedure, claiming against the unlawfulness on the grounds of breach of law and misuse of powers (inconsistency, clear irrationality and lack of grounds) and, in particular, claimed against the misalignment between the numerical scores and the motivational judgments awarded by the tender committee in relation to two specific sub-criteria.

The State Council finally decided by accepting the main appeal of EG Italia S.p.A. and rejecting Tamoil’s side appeal.

Pedersoli Studio Legale’s team was led by Sergio Fienga (equity partner) with support from Marco Trevisan (senior associate) and Alessandro Zuccaro (associate).

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Pedersoli Studio Legale
Sebastiano Distefano sebastiano.distefano@pedersoli.it
Laura Sala laura.sala@pedersoli.it
tel (+39) 02303051