According to the European Court of Justice, Directive 89/665/EEC must be interpreted as precluding national legislation which – in the field of public procurement – makes a contracting authority liable for damages only at fault (also in the cases where the burden of proof is characterized by presumption of fault). The author underlines how this recognized strict liability sounds close to the Italian contractual liability framework, which in turn is not based on fault (art. 1218 c.c.).
Guffanti Pesenti, L., Corte europea di giustizia, 30 settembre 2010, C-314/09, <<EUROPA E DIRITTO PRIVATO>>, 2011; (1): 313-317 [http://hdl.handle.net/10807/62240]
Corte europea di giustizia, 30 settembre 2010, C-314/09
Guffanti Pesenti, Laura
2011
Abstract
According to the European Court of Justice, Directive 89/665/EEC must be interpreted as precluding national legislation which – in the field of public procurement – makes a contracting authority liable for damages only at fault (also in the cases where the burden of proof is characterized by presumption of fault). The author underlines how this recognized strict liability sounds close to the Italian contractual liability framework, which in turn is not based on fault (art. 1218 c.c.).
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