Art. 17. Specific exclusions for service contracts and concessions
1. The provisions in this Code shall not apply to services contracts and concessions:
a) having as their subject-matter the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon;
b) having as their object the purchase, development, production or co-production of programs intended for audiovisual or radio media services that are awarded to audiovisual or radio media service providers, as well as contracts, also in the special sectors, and the concessions concerning the broadcasting time or the provision of programs awarded to audiovisual and radio service providers.. For the purposes of this provision, ‘material associated to programs” shall have the same meaning as “program”.
c) concerning arbitration and conciliation services;
d) concerning any of the following legal services:
1) legal representation of a client by a lawyer within the meaning of Article 1 of law n. 31 or 9 February 1982 and subsequent modifications:
1.1) in an arbitration or conciliation held in a Member State of the European Union, a third country or before an international arbitration or conciliation instance;
1.2) in judicial proceedings before the courts, tribunals or public authorities of a Member State of the European Union or a third country or before international courts, tribunals or institutions;
2) legal advice given in preparation of any of the proceedings referred to in point 1.1) or where there is a tangible indication and high probability that the matter to which the advice relates will become the subject of such proceedings, provided that the advice is given by a lawyer within the meaning of law n. 31 of 9 February 1982 and subsequent modifications;
3) document certification and authentication services which must be provided by notaries;
4) legal services provided by trustees or appointed guardians or other legal services the providers of which are designated by a jurisdictional body of the State or are designated by law to carry out specific tasks under the supervision of such jurisdictional bodies;
5) other legal services which are connected, even occasionally, with the exercise of official authority;
see Guideline ANAC no. 12: Resolution no. 907 of October 24, 2018. Published in the Italian Official Gazette, General Series no. 264 of November 13, 2018 concerning: Awarding of legal services.
e) concerning financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of legislative decree n. 58 of 24 February 1998 and subsequent modifications, services delivered by central banks and operations concluded with the European Financial Stability Facility and the European Stability Mechanism;
f) concerning loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments;
g) concerning employment contracts;
h) concerning civil defense, civil protection, and danger prevention that are provided by nonprofit organizations or associations, and which are covered by CPV codes 75250000-3, 75251000; 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8; 98113100-9 and 85143000-3 except patient transport ambulance services;
i) concerning public passenger transport services by rail or metro;
l) concerning services connected to political campaigns, identified by CPV codes 79341400-0, 92111230-3 e 92111240-6, where awarded by a political party in the framework of an electoral campaign for contracts relating to ordinary sectors and concessions.
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