• The Caritas Diocesan Foundation of Trento;

• The Lene Thun Foundation Onlus;

• Basketball, football, volleyball, and rugby teams;

• Enactus.

Support to the Caritas Diocesan Foundation of Trento
The Caritas Diocesan Foundation of Trento stands out for its commitment to managing services aimed at promoting the welcoming and support of people in need. Every evening, at the "Mensa della Provvidenza," meals are distributed to over 100 families in need, along with medicines, sleeping bags, blankets, and food parcels. This ongoing effort is made possible thanks to over 300 volunteers, including companies, individuals, parishes, associations, and school classes, who contribute daily, providing essential support to combat poverty and help the most vulnerable groups in the population of Trento. Inser has decided to contribute to this project for the next three years, as a way to help the Foundation ensure continuous service.

Support for the Lene Thun Onlus Foundation
The Lene Thun Onlus Foundation is committed to providing permanent "recreational therapy" services through clay modeling. This type of therapy, scientifically recognized as an effective support to pharmacological treatments, is offered in the pediatric wards of hospitals, mainly in Oncohematology, Pediatrics, Pediatric Surgery, and Child Neuropsychiatry. The foundation operates in 27 facilities (20 in-person and 7 digital) and helps over 9,000 children each year. Each workshop is offered free of charge in the host hospital facilities. To make a concrete contribution to maintaining ceramic therapy workshops in the main cities where Inser operates or in surrounding areas (e.g., Trento, Milan, Bergamo, Trieste), the company has decided to support the Foundation with an annual contribution for the next three years.

Support for sports: alongside Aquila Basket Trento, Trento Calcio, and Trentino Volley, You Energy Volley Piacenza, Centurioni Rugby Lumezzane (BS)
Inser is actively committed to developing sports by supporting various sports activities in the areas where it has developed. This support for sports is not only a way to promote health and physical well-being but also to create a sense of community and identity between Inser and the places where it operates.

Objectives of the Charity Program 2023-2025
Inser Spa's Charity Program 2023-2025 represents a concrete example of how companies can significantly contribute to the sustainable development of communities. Through support for social and sports initiatives, Inser Spa demonstrates its commitment to collective well-being, promoting values of solidarity, inclusion, and social growth.

Reasons for the decision
According to the ermines, first of all, the limits set by individual regulations, including therefore the one referred to by the municipality (and approved by it) are merely indicative, since even immissions that fall within those limits may be considered intolerable. As is well known, tolerability is, in fact, to be assessed taking into account the location, the time of day, the characteristics of the area and the habits of the inhabitants.
Secondly, a public body is also subject to the obligation not to cause noisy immissions and is liable for damages resulting from the injury to the subjective rights of private persons, caused by immissions from public areas, and may consequently be ordered to pay damages, as well as the ‘doing’ necessary to reduce the said immissions to below the threshold of normal tolerability, since such claims do not concern - per se - authoritative and discretionary acts, but a material activity subject to the principle of ‘neminem laedere’ referred to above.

For further elaboration:
- Cassal Court, Judgment No. 18676/2024;
- DPCM of 1997;
- Art. 844 of the Civil Code.

The rationale is to counterbalance the contracting authority's power to identify contracting parties in sub-threshold procedures and to avoid the consolidation of situations of advantage for certain economic operators to the detriment of others who would be deprived of an opportunity to gain.

It follows that this principle does not operate in open procedures, or in substantially open procedures. In fact, paragraph 5 exempts contracting authorities if the market survey ‘was carried out without setting limits on the number of economic operators’.

However, a question remains: does the rotation principle also apply if the outgoing contractor has been indicated as subcontractor?

In the silence of the legislator, the ANAC resolution 344/2020, which considers that there is no obligation to exclude from the tender of a competitor who intends to indicate as subcontractor the economic operator that has a contract with the same contracting station, is still valid.

For further elaboration:
- Art. 49, legislative decree 36/2023;
- Art. 36, legislative decree 50/2016;
- ANAC, Guidelines, no. 4, par. 3.6;
- ANAC, Resolution no. 334/2020;

However, in this first phase of application, numerous difficulties were encountered by contracting stations, and by a communiqué of the President of ANAC dated 28.06.2024, the possibility of using the temporary web interface was extended - until 31 December 2024:
- for direct awards of less than EUR 5,000, but only in the event that it is impossible or difficult to use the PAD;
- for entering into framework agreements and conventions whose notices were published by 31/12/2023 with or without subsequent competitive comparison;
- for the repetition of similar works or services pursuant to Article 76, paragraph 6, of the Code provided for in the original tender documentation relating to procedures published before 31/12/2023;
- for the cases referred to in Resolution No. 584 of 2023, which replaced and integrated Resolution No. 214 of 2022.

For further elaboration:
- ANAC Communiqué of 10.01.2024;
- ANAC Communiqué of 28.06.2024;
- ANAC Decision No. 584/2023.

In the new procurement code, there is finally a change of course: Legislative Decree 36/2023 repealed the general ban on cascade subcontracting, i.e. the veto on the subcontracting of services already subcontracted.

It therefore stands as a pro-competitive institution, in accordance with the principles in force in the field of European Union-style tendering procedures, responding to the principle of maximum participation in tenders by companies.

On the other hand, subcontracting fulfils (or, perhaps, has always fulfilled) a function that in some respects is similar to that of outsourcing and the R.T.I., allowing, like the latter, the participation in the execution of the contract of entities that would not in themselves have the requisites or the means for the execution of the contract (and even beforehand for participation in the tender), in a competitive perspective and with the ultimate objective of expanding the number of companies potentially participating in public tenders.

For further elaboration:
Art. 105, paragraph 19, Legislative Decree 50/2016;
Art.119, Legislative Decree 36/2023.

In particular, Article 104 of Legislative Decree No. 36/2023 now allows for the use of outsourcing aimed not at participation, but at the exclusive attainment of the resources necessary for the attribution of incremental scores. In fact, paragraph 4, in confirming that the economic operator must enclose with the application to participate the availment contract, provides that it must specify whether it intends to avail itself of the resources of others to acquire the missing participation requirement or to improve its own offer.

The rationale is thus broader than the previous one, which was strictly linked to the possibility of participation, and also includes the exclusive purpose of having the tender acquire a better evaluation.

Thus, the factor of indispensability for the purposes of participation in the tender has disappeared, and outsourcing has become an institution that more generally concerns the loan of means (technical equipment and human and instrumental resources), also for the sole purpose of qualifying the tender in improved terms, expanding the technical, professional and financial capacity of the economic operator.

For further details:
Art. 104, paragraphs 4 and 12, legislative decree no. 36/2023;
Cons. Stato, sec. V, sent. of 9.01.2023, no. 281.

This follows from Article 2, paragraph 1, of the new Highway Code, which defines 'road' as 'an area for public use' and therefore does not depend on whether the property is publicly or privately owned; as well as from paragraph 6, which assimilates vicinal roads to municipal roads, despite the fact that the former are by definition privately owned.

Therefore - in the opinion of the Supreme Court - on the subject of liability for negligent maintenance of roads, the Public Administration is at fault if it fails to maintain or make safe the areas, including private property, bordering the public roads, when they may cause danger to road users.

It follows that in the case of damage caused by defective maintenance of a road 'the private nature of the road is not, in itself, sufficient to exclude the liability of the municipal administration where, by reason of the destination of the area and its objective conditions, it was required to maintain it'.

For further details:
Court of Cassation, judgment no. 8879 of 2023;
Highway Code, art. 2, paragraphs 1 and 6.