Bio-Rad Laboratories, assisted by Baker McKenzie, celebrated three wins in Naples, Rome and Palermo.
Specifically, on 22 July, the Naples Regional Administrative Court ruled in favor of Bio-Rad against Ortho Clinicals in a complex dispute concerning the revocation due to alleged contingencies of a framework agreement with So.Re.Sa (a company for the management of healthcare contracts in Campania) regarding the supply of the entire immunohematology sector in Campania (total value of EUR 66,678,000). The court recognized that the revocation (with the award to Ortho Clinicals, the second-ranked company) was contrary to good faith. In the same litigation, the United Sections of the Supreme Court, in Order No. 40484 of 16 December 2021, already recognized the jurisdiction of the administrative judge, rejecting the appeal on jurisdiction proposed by Ortho Clinicals and endorsing the qualification of the revocation measure as an administrative order, according to Bio-Rad's argument.
In addition, on 19 July 2022, the Lazio Regional Administrative Court extinguished the appeal brought by Grifols Italia S.p.A. for the annulment of the awarding to Bio-Rad of a part of a tender announced by the Azienda Ospedaliera San Giovanni Addolorata of Rome for the in-service supply of medical systems and devices necessary for the activities of the UOC Transfusion Medicine divided into 10 lots, for a total value of more than EUR 3.5 million.
In particular, following a cross-appeal and additional grounds of appeal filed by Bio-Rad (on 12 January and 14 February 2022, respectively), Grifols withdrew its appeal and was ordered to pay the costs in favor of Bio-Rad.
Finally, the Palermo Regional Administrative Court, in a ruling on 20 June (now made final because it was never appealed), again found in favor of Bio-Rad (respondent and cross-appellant) against Grifols in a major immunohematology tender at the Palermo Civic Hospital, worth more than EUR 5.5 million, and ordered the other side to pay costs. In particular, the Sicilian judges, following the outcome of an analytical technical verification, recognized the full compliance of Bio-Rad's bid with the tender requirements and the quantitative inadequacy of Grifols' bid and, therefore, the validity of Bio-Rad's cross-appeal.
The victories represent important achievements for Bio-Rad Laboratories, a listed US multinational and a leader in the Italian market for the supply of medical technologies for immunohematology.
Baker McKenzie assisted Bio-Rad Laboratories with a team composed of Prof. Avv. Francesco Goisis, coordinator of the administrative and environmental law practice and full professor of Administrative Law in the University of Milan, and Prof. Avv. Miriam Allena, of counsel of the same practice and professor of Administrative Law in Bocconi University, and both members of the Observatory on Public Contracts and Sustainability at Bocconi University.