Infratel Italia S.p.A. obtained an important judicial confirmation in the litigation brought by Fastweb S.p.A. before the Specialized Division for Business Matters of the Tribunal of first instance of Rome (Case No. 3733/2023, Judgment No. 2874/2026), with the court fully dismissing the claimant’s claims and ordering Fastweb to pay the legal costs.
The company was assisted by Prof. Antonio Briguglio and Attorney Elena Vaccarella, who represented Infratel together with its in-house legal team, developing the litigation strategy in a highly complex case involving penalty clauses, public procurement contracts, and the Covid-19 emergency legislation, as well as their impact on contractual performance.
The decision confirms the full validity of the penalty system provided for under the Framework Agreements for the supply of ultra-broadband internet connectivity services to schools located throughout Italy, recognising the soundness of the contractual framework established by Infratel and its rigorous approach to managing relationships with economic operators involved in the development of digital infrastructure under the School Plan and the Ultra-Broadband Plan.
Within this context, particular relevance is also given to the Court’s interpretation of the emergency legislation enacted in response to the Covid-19 pandemic. The decision placed such provisions within the framework of the general principles governing contractual liability, excluding that reliance on special emergency rules could automatically result in exemption from penalties or in an equitable reduction of the obligations undertaken in the context of public-interest procurement contracts.