Art. 208. Settlement

1. The controversies related to subjective rights deriving from the performance of public contracts for works, services and supplies can be resolved through settlement in compliance with the Italian Civil Code, only and exclusively in the case in which it is not possible to attempt other remedies as an alternative to legal action.

2. If the value of the amount object of the concession or waiver exceeds 100,000 Euro, or 200,000 Euro in the case of public works, the legal opinion of the “Avvocatura dello Stato” must be obtained if it regards central administrations, or of an in-house attorney of the structure, or the highest level official competent for the dispute, or if there is no in-house attorney, when the issue regards sub-central administrations. “Avvocatura dello Stato” = Attorney General’s Office

3. The proposal for a settlement can be formulated both by the successful tenderer as well as by the competent manager, after hearing the sole person in charge of the procedure.

4. The settlement must be in writing on penalty of nullity.
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