La questione della ribassabilità o meno dei costi della manodopera dall’importo posto a base di gara nella giurisprudenza formatasi alla luce del d.lgs. n. 36 del 2023

Abstract

The essay analyses whether, under current case-law, pursuant to article 41, paragraph 14, of the Italian Legislative Decree No. 36 of 2023, companies can still include their labour costs in the possible reduction of the amount made up of contest of a call for tenders, as was the case under previous article 23, paragraph 16, of the Legislative Decree No. 50 of 2016, which, however, required only safety costs to be excluded from the amount made up of contest. All the main arguments put forward by each of the two opposite orientations are carefully examined