Article 5. Principles of good faith and protection of trust.

1. In the tender procedure, contracting authorities, granting bodies and economic operators behave mutually in compliance with the principles of good faith and protection of expectations. 2. Within the tender procedure, even before the award , there is a reliance on the economic operator on the legitimate exercise of power and on the conformity of administrative behavior with the principle of good faith. 3. In the event of an award annulled following an appeal by a third party or in self-defense, the awarding party is not considered blameless if the illegitimacy is easily detectable on the basis of the professional diligence required of the competitors. In cases where the award is not due, the damage from breach of trust is limited to the economic prejudice actually suffered and proven, deriving from the interference of the incorrect behavior on the contractual choices of the economic operator. 4. For the purposes of the action of compensation from the contracting authority or the granting body condemned to pay compensation for damages in favor of the pre-terminated third party, the concurrent responsibility of the economic operator who obtained the illegitimate award through illicit behavior remains unchanged. EFFECTIVE FROM: 1st July 2023