730.100
LCPUBBLMP
CH-TI
Art. 47 LCPubb Legge sulle commesse pubbliche (LCPubb)
LCPubb
Art. 47 LCPubb
La presente legge non si applica a procedure di aggiudicazione già pendenti, ad eccezione delle vie di ricorso.
Entrata in vigore
Decisioni giudiziarie che applicano questa disposizione (23)
52.2004.361 · ti (art. 47 LCPubb)
Construction Companies v. Municipality (Contract Award without Public Procurement)
Cited in the list of applied provisions concerning transitional rules for LCPubb.
52.2002.161 · ti (art. 47 LCPubb)
Appeal Against Contract Award Overturn Due to Bid Omissions
Cited in the preamble, this article was used to justify the applicability of the LApp to the case.
52.2001.246 · ti (Art. 47 LCPubb)
State Council Decision on Lowest Bidder Contract Upheld Despite CCL Signature Requirement
Cited in the final orders, this provision governs the applicability of the new Public Procurement Act (LCPubb) regarding appeal routes.
52.2001.425 · ti (Art. 47 LCPubb)
Challenge to Waste Container Contract Award and Subsequent Tender Annulment
Cited in the preamble, but the decision to reject the appeal was based on the pre-existing law (LOC) regarding the cancellation of the tender, not the substantive rules of Art. 34 LCPubb mentioned in the reasoning.
52.2001.366 · ti (art. 47 LCPubb)
Corporate Successor's Standing to Challenge Tender Award
Cited as establishing the court's jurisdiction, relevant to the decision on admissibility.
52.2001.318 · ti (art. 47 LCPubb)
Public Contract Award Challenge Based on Affiliate Registration
Cited to establish the applicable law (LApp) for the matter under dispute, although the main ground is Art. 14 LApp.
52.2001.211 · ti (Art. 47 LCPubb)
Foundation's Justification for Choosing Higher Bid in Renovation Contract Invalidated
Cited to establish the applicability of appeal procedures to pending award procedures under the new law.
52.2001.212 · ti (Art. 47 LCPubb)
Foundation's Unjustified Award of Renovation Contract to Higher Bidder
Cited in the final orders as one of the bases for the decision, concerning the application of new appeal procedures to pending award procedures.
52.2001.169 · ti (art. 47 LCPubb)
Bidder Appeal Against Tender Cancellation Upheld by Municipality's Discretionary Power
This procedural rule dictated that the new procurement law was not applicable to pending procedures, influencing the application of other substantive rules.
52.2001.168 · ti (Art. 47 LCPubb)
Improper Transfer of Municipal Contract Appeal
Cited in the final orders, relevant to the non-retroactivity of the LCPubb to pending procedures.
52.2001.60 · ti (Art. 47 LCPubb)
Waste Collection Contract Registration Requirement Challenge
This provision determined that the case should be judged according to the legal framework in force before the adoption of the LCPubb, as the procedure began before the new law came into effect.
52.2001.62 · ti (Art. 47 LCPubb)
Administrative Court Voids Two-Year Trade Registration Requirement in Public Procurement Tender
Cited in the grounds for decision to establish that the merits of the appeal must be judged according to the previous legal framework (pre-LCPubb).
52.2001.168 · ti (art. 47 LCPubb)
Municipal Contract Award Appeal Jurisdiction
Although deemed inapplicable in the reasoning, it is listed in the final citation block before the operative part, addressing the transitional rules.
52.2001.168 · ti (art. 47 LCPubb)
Municipal Contract Award Appeal Jurisdiction
Cited in the grounds for decision, this article governed the transition between the old and new public procurement laws, determining which law applied to this pending procedure.
52.2001.169 · ti (art. 47 LCPubb)
Municipality's Right to Cancel Pre-Bid Tender Based on Reservation of Discretion
This provision is cited because it dictates the application of the new Public Procurement Law (LCPubb) to pending procedures, which was central to determining the applicable legal standard.