Nota a Cons. Stato, ad. plen., 9 luglio 2020, n. 13

[Autom. eng. transl.] According to the Plenary Assembly, the indicated designer must be qualified as an external professional in charge of drawing up the executive project and, therefore, does not fall within the figure of the competitor, nor in that of an economic operator; for this reason, and for the prohibition of so-called as a cascade inferable in the regime of the previous code of public contracts, the designer cannot use the institution of use. In the comment on the sentence, the question addressed by the plenary meeting is assessed in a broader context, with particular reference to the further limitations on the possibility of resorting to the exploitation provided for by the code of public contracts and their compatibility with European directives.