Wednesday, May 12, 2010

Pakistani Walima Card Text

DURC 6038/2010 - Council of State, Sec. VI - 6 April 2010, n.1934

The State Council, has recently spoken in reference to any margin of appreciation or assessment of data and circumstances contained in DURC.
A service company had appealed to the Administrative Court against the decision of the final sunset custody of cleaning services, already ordered by the contracting authority, for reasons related to fraud resulting in DURC; judgment of TAR LAZIO - ROMA: SECTION III B No 12411/2009 the appeal was dismissed.
The State Council will issue an opinion on the reform of the judgment of the TAR. thus argued:
- ... our system assigns a key role in the certification issued by the regular contributions by the health and social security institutions under Article 2 of the building dl September 25, 2002, No 210, as amended by the law of conversion November 22, 2002, No 266 and art. 3, paragraph 8, letter. b-bis) Leg. August 14, 1996, No 494, added by letter. 86, para 10 Leg. September 10, 2003, n.276.
- The DURC takes the value a statement of science, to be placed between the documents for certification or written statement by a public official and being purely declarative data available to the government, assisted by public trust under Article 2700 Civil Code, thus making the test to to be false.
As stated in a previous ruling (see Cons. State, sec., No. 1458/2009)
also said that ... pending the legal nature of DURC, not remaining in the hands of the contracting authority any discretion or appreciation on the data and circumstances contained therein and that has ruled out the significance of any delay in performance of the obligation contributions, even if traced retrospectively, as to effectiveness, at the expiry of the due date and , recalling another sentence (cons. State, sect. V, No. 5096/2008), which .... in view of the serious negative effects on workers' rights on public finances and competition between firms arising from non-compliance with obligations, must be considered "serious" any breach in respect of those obligations, unless they are found adequate justification as, for example, the existence of litigation not easy and ready definition arose as a result of audits and protests by social security bodies or the need to check the conditions for a waiver or a deferral.
Based on the above considerations, the State Council, the courts, the Sixth Chamber, ruling with April 6, 2010, n.1934 has therefore rejected the appeal.

Tuesday, May 4, 2010

What Phones Are Compatible For Parrot

use for the certification of quality - No TAR Sardegna 665/2010

The TAR Sardegna has recently ruled on the possibility of a company to use - in order to participate in a call for tender by open procedure - the institution with regard to certification dell'avvalimento quality required in the notice. A Sardinian
City had won the tender for the award of a supply of clothing Ltd, with regard to the condition, required by the lex specialis of suitable quality certification had used the institute dell'avvalimento.
The company ranked second, has appealed against the final award for breach of contract notice, moving from the premise that the contractor should have been excluded from the race because there was no requirement, required by the lex specialis, the appropriate certification of quality . Furthermore, since the possession of the requirement has been demonstrated by making use of quality certification of other companies, alleging infringement of Article. 49 of Legislative Decree no. April 12, 2006, No 163 (Public Contracts Code), assuming dell'avvalimento that the institution is not suitable for the requirement of a subjective question.
the TAR, recalling a previous decision (No 556/2007) and Opinion No 254/2008 the Authority for the Supervision of public contracts held:
- quality certification is a requirement of the subjective nature of the business for which there seems to be possible to use the institution governed by dell'avvalimento. 49 of the Public Contracts Code. It 'been said, both by law (see TAR Sardegna, sec. I, March 27, 2007, No. 556), or in an advisory , the Authority for the Supervision of public contracts (see Opinion No. 254 of December 10, 2008), that the availment was intended only to "request on the possession of the economic, financial, technical, organizational, or attestation of certification SOA. " The quality assurance is, however, be considered subjective requirement of the company, pre-ordained to ensure the quality of contracting the administration of contractual services due. Objective, to be effectively pursued, necessarily requires that the quality certification of direct concern to the contractor.

- The case law has long held this principle with reference to a temporary grouping of companies, for which the Court held that the requirement of quality certification may be required by the notice must be owned individually by each company in the group, at least in horizontal associations (one See Cons. St., sect. V, 15 June 2001, n. 3188).

For the above reasons the Regional Administrative Court for Sardinia, Section One, with No decision April 6, 2010 665 answer definitively upheld the appeal and, in effect, annulled the contested measures the extent to which they illegally accepted for tender the company which had been awarded.