Il Lazio Regional Administrative Court dismissed the appeal filed by Lightning Group – company active in the postal services sector – for the cancellation of the tender for delivery and mail management services of the INPS, in which he participated Poste Italiane. The Palermo postal operator - reported TGPoste - had challenged the obligation to guarantee a geographical coverage of 100% of the population and the impossibility of entrusting the group led by Matteo Del Fante, as supplier of the Universal Service, with shipments to areas not covered independently.
In particular, the company Fulmine Group disputes the criterion - reported in art. 2, no. 2, of the announcement – of awarding points, to the extent that, due to how formulated, it renders his participation in the tender procedure useless and, therefore, also assumes an immediately excluding value.
Incorporating the defensive line of Poste Italiane and INPS, the TAR, with sentence number 01742 of 12 August 2022 instead established that "the subdivision of the contract into lots, combined with the possibility of forming temporary groups of companies and subcontracting, have allowed everyone to compete on equal terms with Poste Italiane, safeguarding the protection of competition, efficiency and capillarity of the service. The ruling of the administrative judge clears the field of the objections raised on several occasions also by the regulatory bodies, according to which, by imposing extensive territorial coverage, the tenders for the assignment of the delivery service would offer an unjust advantage to Poste Italiane”.
