Art. 204. Judicial Remedies

1. The following modifications shall be made to Article 120 of the Code on Administrative Procedure, set forth in Annex 1 to Legislative Decree No. 104 of 2 July 2010:

a) in paragraph 1 the words «as well as the related measures of the Supervisory Authority for public works, services and supplies contracts* shall be substituted by the words «as well as the measures of the National Anticorruption Authority related to them»;

b) the following shall be added after paragraph 2: «2-bis. The measure that results in exclusions from the tender process or admissions to it after the evaluation of the subjective, financial-economic and technical-professional requirements shall be appealed within the term of thirty days, starting from its publication on the profile of the contracting authority’s client, in accordance with Article 29, paragraph 1, of the Code on Public Contracts adopted as implementation of Law No. 11 of 28 January 2016. The failure to appeal precludes the right to enforce the derivative unlawfulness of the subsequent acts of the tender, including by cross-appeal. The appeal of the proposal of an award, if made, and of other acts during the proceedings that are not immediately harmful shall also be inadmissible»;

c) in paragraph 5, the words: «by appeal» shall be substituted by the following: «Except for what is provided in paragraph 6-bis for appeals»;

d) the following shall be inserted after paragraph 6: «6-bis. In the cases provided in paragraph 2-bis, the decision shall be made in chambers, to be held within thirty days from the expiration of the term for the appearance of the parties other than the petitioner. Upon the request of the parties the appeal shall be decided, within the same term, in a public hearing. The decree establishing the hearing shall be communicated to the parties fifteen days before the hearing. The parties can produce documents until ten clear days before the hearing, briefs until six clear days beforehand, and can file replies to new documents and new briefs filed in view of the hearing in chambers until three clear days beforehand. The chambers or hearing can be adjourned only in the case of evidentiary need, to integrate the adversarial procedure, to propose additional grounds or to propose cross-appeals. The evidentiary order shall establish a term for documents to be filed that does not exceed three days starting from the communication or, if prior, notification of it. The new hearing in chambers must be established within fifteen days. The cancellation of the proceedings from the docket cannot be ordered. The appeal must be filed within thirty days from the communication, or if prior, from the notification of the judgment and the long term shall not be applied starting from its publication*;

e) in paragraph 7, the words: «new» shall be substituted by the following: «With the exception of the cases provided by paragraph 2-bis, the new»;

f) the following shall be inserted after paragraph 8-bis: «8-ter. In making a precautionary ruling, the court shall consider what is provided by Articles 121, paragraph 1 and 122, and the imperative needs related to a general interest in the contractual performance, reporting this in the grounds for the judgment*;

g) in paragraph 9 the words «, except for the possibility to request the immediate publication of the ruling within two days.» shall be substituted by the words «; the parties can request the early publication of the ruling, which shall be done within two days from the hearing.*. After the first clause of paragraph 9, the following shall be inserted: «In the cases provided by paragraph 6-bis, the regional administrative court shall file the judgment within seven days from the hearing of the arguments, whether public or in chambers; the parties can request the early publication of the ruling, which shall be done within two days of the hearing.»;

h) in paragraph 11, the words: «The provisions of paragraphs 3, 6, 8 and 10» shall be substituted by the following: «The provisions of paragraphs 2-bis, 3, 6, 6-bis, 8, 8-bis, 8-ter, 9, second clause and 10»;

i) the following shall be inserted after paragraph 11: «11-bis. In the case of the submission of tenders for more than one lot, the appeal shall be made by a cumulative petition only if identical reasons for the appeal against the same act are argued.».