Bolkestein Directive, how to prepare for tenders. Advice from lawyers

For years, the debate over concession allocation procedures in Italy has been heated. The legislature has sought to exclude assets managed by concessionaires from the bidding procedures imposed by the Bolkestein Directive. However, this practice has been deemed incompatible by the European Commission, the Court of Justice and the Council of State. Despite further attempts at ex lege extensions, mandatory tendering now seems inevitable. The debate now is no longer whether to introduce tendering, but rather how to do it. The attention of managers should, therefore, be directed toward the preparation of plans for the management of public assets to be proposed to the administration with a view to tenders that enhance, in addition to the principle of competition, other aspects such as investment, quality of facilities and know-how.