(Jamma) The Council of State has rejected the precautionary request made by Agile in the appeal against the exclusion from the tender for the 2 betting agencies. The company had been excluded from the tender due to the events proceedings of a relative majority shareholder of the company and previously sole director. The exclusion measure had already been challenged before the Lazio Regional Administrative Court, but the first instance judge had also denied the precautionary measure. In yesterday's hearing, therefore, a revision of the order was requested. For the Council of State, however, "the appeal against the order rejecting the precautionary measure does not appear to be founded, given that, on the one hand - within the limits of the actual judgment of the present precautionary phase - there are doubts regarding the existence of the fumus boni iuris of the appeal establishing the first instance judgment, with reference to the requirement of reliability; on the other hand, the alleged damage does not appear serious and irreparable". Agile had participated in the tender by presenting an application for about fifteen rights, with offers between 12 and 22 euros. With the appeal, he asks for the assignment of 5 rights, since the other offers are below the award threshold of 20 thousand euros. The question now returns to the Lazio Tar which will address the matter on the merits.
