Questione giuridica chiave
Whether the constitutional complaint was admissible and the unsuccessful bidder had standing.
Decisione estratta
The complaint was admissible; the losing bidder had standing to challenge the award on constitutional grounds and to seek a declaration of unlawfulness.
Motivazione estratta
A bidder excluded from a procurement procedure may challenge the award materially under Art. 88 OG. The existence of an already concluded contract did not remove the practical interest because a declaration of unlawfulness could support damages claims.