In its September 2017 decision in Casertana Costruzioni Srl v. Ministero delle Infrastrutture e dei Trasporti, the European Court of Justice ruled that the Italian transportation ministry properly rejected a bidder for naming a barred subcontractor in its bid. The case dealt with an Invitation to Tender for a construction contract. The rejected bidder argued that it should be permitted to substitute a new subcontractor for the barred subcontractor. The court disagreed, finding that the debarment provisions under the Italian law, as well as the prohibition against the post-bid substitution of named subcontractors, were compliant with European law and the European procurement directive.
