TAR Lazio Finds Health Agreement Without Tender Is a Public Service Contract, Ruling Favors Studio Cavallaro

Studio Legale Cavallaro represented a private healthcare provider in proceedings before the TAR Lazio and secured a favourable ruling concerning the legal classification of a healthcare convention and the manner in which a university hospital entrusted a privately operated healthcare activity fully financed with public funds without holding a public tender. The dispute concerned a convention under which an Azienda ospedaliera universitaria delegated the provision of healthcare services, entirely funded by public resources, to a private entity in the absence of competitive procurement. TAR Lazio issued a decision addressing whether that convention should be legally qualified as a public contract. Following the TAR decision, the National Anti-Corruption Authority (ANAC) adopted Resolution No. 321/2025, concluding that the convention constitutes a public service contract subject to the Public Contracts Code and that the award was made without public procurement procedures, in breach of the principles of transparency, free competition and equal treatment. The TAR ruling and the subsequent ANAC resolution may have broader implications for numerous cases in which public bodies rely on formally non-profit entities to manage substantial portions of socio-health services, practices that can at times circumvent competitive procurement rules. Studio Cavallaro represented the private client with a team composed by: Giuseppe Cavallaro (firm principal, head of the practice), Lorenzo Schiaroli (counsel, administrative and public procurement law) and Gianluca Alocci (of counsel, administrative law and healthcare regulation).

TAR Lazio Finds Health Agreement Without Tender Is a Public Service Contract, Ruling Favors Studio Cavallaro

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