Art. 34 LCPubb Legge sulle commesse pubbliche (LCPubb)

52.2022.299 · ti (art. 34 LCPubb)

Contractor Challenge to Public Contract Cancellation Based on Financial Sustainability Claims

Cited as the basis for the initial administrative decision to annul the tender procedure, which was then reviewed by the court.

52.2022.261 · ti (art. 34 LCPubb)

School Transportation Tender Cancellation Appeal

Cited by the contracting authority and considered by the court as a basis for the decision to waive the award due to important reasons (economic unsustainability).

52.2021.510 · ti (art. 34 LCPubb)

Challenge to Contract Award Based on Arbitrary Reference Price Reduction

Cited regarding the conditions for interrupting a tender procedure (though the main decision focused on the second tender).

52.2019.642 · ti (art. 34 cpv. 1 LCPubb)

Cancellation of Forestry Tender Due to Lack of Competition and Excessive Bid Price

The existence of important grounds (lack of competition) justifying the annulment of the procedure is based on this article.

52.2015.361 · ti (art. 34 LCPubb)

Bidder Appeal Against Municipal Tender Cancellation After Prior Judicial Award

The court ultimately found that the municipality could not use this article to cancel the tender procedure because the procedure had already concluded with the award.

52.2014.43 · ti (art. 34 LCPubb)

Public Contract Award Challenge Regarding Unlisted Medicine Supply Limits

Cited in the reasoning to clarify that the limitation imposed did not constitute a partial annulment of the tender under this provision.

52.2013.496 · ti (art. 34 LCPubb)

Contractor v. Municipality: Tender Annulment Based on Undisclosed Internal Estimate

The court found that the contested decision to waive the award was issued in violation of this law, leading to the partial acceptance of the appeal.

52.2012.489 · ti (Art. 34 cpv. 1 LCPubb)

Public Tender Annulment Due to Unit Price Bidding Flaw

This provision justifies the rejection of the appeal, as the court found that there were important reasons for the contracting authority to cancel the tender procedure.

52.2012.85 · ti (art. 34 cpv. 1 LCPubb)

Hospital Contract Award Annulled for Procurement Violations

Cited in the reasoning regarding the conditions under which the contracting authority can refrain from awarding based on received offers.

52.2012.85 · ti (art. 34 cpv. 2 LCPubb)

Hospital Contract Award Annulled for Procurement Violations

Cited in the reasoning regarding the possibility for the contracting authority to partially or totally abandon the award based on offers.

52.2004.412 · ti (art. 34 LCPubb)

Insurance Agent v. Municipality on Tender Cancellation

This provision, concerning the municipality's power to cancel a contract award based on important reasons, was cited in the introductory section to the decision's ruling, although the court ultimately annulled the cancellation based on the application of this article.

52.2009.13 · ti (art. 34 LCPubb)

School Concrete Restoration Tender Cancellation Appeal

The substance of the decision is based on interpreting and applying this article regarding the conditions under which a contract award can be cancelled.

52.2008.446 · ti (art. 34 LCPubb)

Contractor Appeal Regarding Public Tender Cancellation Due to Budget Overrun

Cited in the final orders as the legal basis for the government's power to annul the tender, which the court upheld.

52.2007.178 · ti (art. 34 LCPubb)

Appeal Against Wastewater Tender Cancellation Due to Scope Expansion

The appeal was accepted because the decision to cancel the tender was considered contrary to this article.

52.2007.160 · ti (art. 34 LCPubb)

Bidder Challenge to Contract Award Based on Multi-Criteria Evaluation Upheld

This provision regarding the content of the award decision is cited as part of the basis for the final decision, implicitly justifying the review of the original decision's justification.