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In brief

With judgment No. 705 of 21 May 2022, the Administrative Court of the Tuscany Region upheld the complaint against the decision to award a tender for a framework agreement for the supply of coronary stents to the regional health service, under which tenderers were required to offer the “most recently marketed” device. In his regard, the plaintiff complained that the successful tenderer offered a product that was on the market for years, although the same product was in line with the technical requirements set out in the tender specifications.

Key Takeaways

According to the regional administrative court, the “most recently marketed” requirement does not refer to the possession of specific technical qualities but to the product’s technological update, linked to a precise and non-fungible time element that tenderers cannot derogate. Moreover, this requirement provides an objective time reference unlike the “latest generation”, which instead requires the fulfilment of specific technical requirements.

In light of the above considerations, the administrative judge held that the product offered by the successful tenderer did not meet the “most recently marketed” requirement, since it was a “latest generation” product that only complied with the technical requirements provided for in the tender specifications.


Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.


Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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