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WFW wins in the Italian Regional Administrative Court on behalf of two world-leading medical companies

19 September 2012

WFW Milan partner and administrative law specialist Cristina Martorana has won two victories in the Italian administrative courts. The first case was on behalf of Massachusetts-based blood management company Haemonetics Corporation, and the second for Storz Medical, a company specialising in lithotripsy and treatment for calculi and musculoskeletal disorders.

Both cases – brought before the Regional Administrative Courts of Venezia and Ancona respectively – concerned procedures for the awarding of hospital contracts for supplies and services in the medical devices sector, and were decided by a summary judgment.

Cristina Martorana comments: “The speed with which it is possible to settle certain disputes in the public procurement sector, as in both these cases, helps to give certainty to the complex contractual relations between pharmaceutical and biomedical companies on the one hand and public administrations on the other. This complexity is due not only to the particularities of the discipline involved in the sector – and the numerous sub-sectors into which it is further divided – but also to the ‘often fanciful’ creativity of the contracting administrations when drafting so-called lex specialis. This creativity deserves some examination to produce proposals, settlements and support, particularly with a view to ensuring better management of public spending in a sector of extremely important general interest”.