Art. 211. ANAC Pre-dispute opinions

1. At the initiative of the contracting authorities or one or more of the other parties, ANAC shall provide its opinion, following discussion of the parties, with regard to matters arisen during the course of the tendering procedures, within thirty days of receipt of the request. The opinion binds the parties who have previously commit to abide by what is laid down therein. The binding opinion is admissible before the competent organs of administrative justice ex Article 120 of the Code of Administrative Trial. In the event of a rejection of the appeal against the binding opinion, the court shall assess the conduct of the claimant in accordance with and for the purposes of Article 26 of the Administrative Trial Code. (paragraph amended by legislative decree 56/2017 in force from 20-5-2017) see Regulation of January 10, 2019, published in the Italian Official Gazette, General Series no. 22 of January 26, 2019 concerning: Regulation of Pre-dispute opinions iusssed by the Anti-Corruption Authority

1-bis. ANAC is entitled to sue against appeals, other general acts and measures relating to contracts of major concern, issued by any contracting authority, if it deems that they violate the rules on public contracts relating to works, services and supplies. [paragraph introduced by legislative decree 50/2017 as amended by Law L 96-2017 in force from 24-6-2017}

1-ter. ANAC, if it considers that a contracting authority has adopted a measure vitiated by serious violations of this Code, issues a reasoned opinion within sixty days of the violation, indicating specifically the defects in legitimacy that were found. The opinion is transmitted to the contracting authority; if the contracting authority fails to comply within the deadline given by ANAC, not exceeding sixty days from the transmission, ANAC may, within the following thirty days, appeal before the Administrative Judge. Applicable is the article 120 of the Code of Administrative Trial of Annex 1 to the Legislative Decree of 2 July 2010, no. 104th paragraph introduced by decree law 50-2017 as amended by Law L 96-2017 in force from 24-6-2017 1-quater. ANAC may, by its own regulation, identify cases or types of measures in relation to which it exercises the powers referred to in paragraphs 1-bis and 1-ter. paragraph introduced by decree law 50/2017 as amended by Law L 96-2017 in force from 24-6-2017

2. paragraph repealed by legislative decree 56/2017 in force from 20-5-2017