Raggruppamenti temporanei di imprese e avvalimento: relazioni giuridiche e principali criticità

Temporary groupings of companies and pooling: juridical relations and main critical areas The purpose of this contribution is to study the legal relationships between the institutions of the temporary grouping of companies and of pooling, both aimed at encouraging the maximum participation of economic operators in public proceedings. To this end, the proposed classification is based on ‘accumulation’ and ‘alternation’ schemes, with the aim of highlighting the different relationships of competition or convergence that may characterise the two instruments of cooperation between enterprises. Once the above distinction has been drawn, the analysis will focus on the main critical issues affecting the case of recourse to the use of grouped enterprises. Particular attention will be paid to the internal and external figures in the pooling of the group, as well as to some issues of ‘form’ within the more general theoretical distinction between ‘pooled contracts’ and ‘pooled results’.