Litigation in Digital Procedures (Self-Responsibility of the Economic Operator and “Digital Formalism”)

This chapter analyses the procedural effects of the digitalisation of public contracts, highlighting the rise of “digital formalism”, where the digital platform’s operating rules become the subject of litigation. Specifically, it examines new litigation issues related to platform malfunctions, digital forms prepared by the contracting authority, procedural (non) clarity, and the balance of responsibilities between public administrations and bidders.