JE S.r.l., assisted by Lipani Legal&Tax: the principle of transparency in public procedures has been reaffirmed.
The Liguria Regional Administrative Court (Section I) upheld the request for generalised civic access submitted by JE S.r.l., assisted by Lipani Legal&Tax, in the context of the dispute over the procedure for the organisation and broadcasting of the Sanremo Festival, editions 2026–2028.
In an order filed on 23 January 2026, the Court ordered the Municipality of Sanremo to produce the documentation requested by the Company within thirty days, obscuring any parts of the documents whose disclosure would harm the confidentiality requirements of RAI.
In this regard, the Regional Administrative Court’s warning is particularly significant: on one hand, the mere invocation of confidentiality and know-how by the opposing party cannot be sufficient to justify the refusal, as it is necessary to indicate precisely which parts are actually sensitive and to demonstrate the concrete prejudice that would result from their disclosure; on the other hand, the Administration cannot simply passively accept any opposition from the other party, but must independently strike a balance between the requirements of transparency and the protection of the economic and commercial interests involved.
The order is in line with case law that recognises generalised civic access as a tool for widespread control over administrative action, including in relation to award procedures and the execution phase of public contracts, provided that the limits set by law are respected.
