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The directions provided by the Court are clear in considering that the limit on subcontracting imposed by Italian legislation is precluded by Directive 2014/24/EU. The percentage limit fixed in general and abstract terms goes beyond what was necessary to achieve its objective specially in relation to combat organised crime and may make it more difficult for the SMEs to access public contracts.

european procurement and public private partnership law review

Subcontracting Limitation as Expressed by Italian Legislation of Public Contracts Does Not Comply with European Law Judgment of the Court of Justice of the European Union (Fifth Chamber) of 26 September 2019 in Case 63/18 Vitali SpA v Autostrade per l’Italia SpA