Italgas manages distribution activities in the Municipality of Rome Capital which, at 31 December 2010, had 1.265 million end users.
The related concession expired on 31 December 2009 and on 26 September 2011 the call for tenders was published for the contracting of the gas distribution service in the Rome Capital area.
Italgas appealed to the Lazio Regional Administrative Court against the call to tender, requesting an annulment because it was published after 29 June 2011, the date defined by Legislative Decree no. 93/2011 as the deadline beyond which tenders for awarding gas distribution services should only be held at the minimum geographical area level.
Later, on 21 November 2011, the following acts were displayed on the Rome Capital Municipal Notice Board containing “Errata corrige and call for tender integration ”, “Errata corrige and tender documents integration ” and “Errata corrige and specifications integration ”.
However, although these acts introduce amendments and additions, they confirmed the continuation of the tender launched and therefore they have been subject to appeal through reasons added to the original appeal.
Italgas appealed to the Council of State against the Lazio Regional Administrative Court ruling of inadmissibility. The Council of State rejected the appeal on 29 February 2012 and confirmed the order.
