Article 191. Takeover.

1. Upon expiry of the assignment period and as a consequence of the new assignment, the networks, systems and other capital equipment essential for the continuation of the service, as they cannot be duplicated at socially sustainable costs, are assigned to the new manager. The same applies in the event of early termination. 2. The capital goods created in implementation of the investment plans agreed with the granting body are also transferred to the new manager. 3. Without prejudice to the sector regulations, in the case of duration of If the loan is less than the recovery time of the amortization or early termination, for reasons not attributable to the concessionaire, compensation is expected to be paid by the incoming manager equal to the book value not yet depreciated, revalued through relevant deflators set by ISTAT and net of any public contributions directly referable to the investments themselves. The criteria for determining the compensation are indicated in the notice or in the invitation letter relating to the tender announced for the subsequent assignment following the expiry or early termination of the management. 4. This is without prejudice to any different agreements between the parties stipulated before the entry into force of the code. 5. The takeover for the concessions of services of general economic interest provided at local level remains governed by article 23 of the legislative decree of 23 December 2022, n. 201. EFFECTIVE FROM: July 1, 2023

Relazione

REPORT Article 191 introduces a regulation for the takeover of one concessionaire by another, which is not reflected in the text of the current Code. In this regard, the explanatory report underline...

Commento

NEW • An article is introduced to regulate the procedure for taking over the new manager, thus filling a regulatory gap. • For the regulation of taking over for concessions of services of general ec...
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