With this ruling the Court of Lombardy, rule on the appeal of the final failure of a procedure for placement of the service manages school meals, which occurred during the course of process for the decision to exclude from the procedure itself, has come to declare the admissibility of the appeal. In partricolare, the Tar reiterates that the indication of the appeal "at any event related and subsequent acts" has no value for the assessment, not allowing effectively to extend the scope of the appeal possibly achieved through the proposition of additional grounds. It contains part of the case:
"The filing of a document during the proceedings has for the applicant the presumption of his knowledge to the appeal with additional grounds. It follows that failure to appeal by the applicant of the final decision to award a tender, filed during the proceedings by intimated, can not determine the admissibility of the appeal (TAR Toscana Firenze, Sez. II, January 24, 2003 No. 55). During a hearing to question the applicant has also responded orally to the said preliminary objection, claiming unnecessary the appeal of the final and extends to all acts of the appeal procedure, including, specifically, ones "and related consequences." The argument can not be shared. E 'principle in law that established common ground and that the formula of style, which are conservatively challenged "acts assumptions, and related consequences," does not apply to extend the appeal in respect of acts not specifically mentioned in the application, since formula that is devoid of any value of the case, it is not likely to find a specific subject to appeal, because not only enables counterparties indication of the relief sought by the full realization of the right of defense (TAR Piemonte Torino, Sez. II, 14 January 2010 No 200, TAR Lazio Roma, Sec. III, 26 July 2007 No 7013, Council of State Sec. V, No. 16 September 2004 6018, Council of State Sec. VI July 7, 2003, No 4037). "
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