Le modificazioni soggettive degli operatori economici in corso di gara: RTI, subappalto, avvalimento e operazioni straordinarie

The paper focuses on subjective modifications in tendering procedures. The Court of Justice of the European Union lately ruled on issuses concerning subjective changes which may affect economic operators during a tender, i.e. modifications within griups of economic operatoris, changes of subcontractoris and auxiliary undertakings, mergers by absorption between pre-selected bidders. Regulation in this subject matter turn out to be highly fragmented, notably at the EU level. Meanwhile, existing scholarship and literature mainly focused on subjective varations happening during the execution of the contract. As the framework is partial, subjective modifications appear as a multi-faceted phenomenon. Starting with an analysis of the European and Italian case law, the extant paper intends to study these issues: on which assumptions subjective modifications of economic operators occur; when subjective modifications can be considered as material in the domain of public contracts; if the timing of a subjective modification may affect its admissibility.