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Suspension of tendering procedure as provisional legal protection

10.05.2007

The Supreme Court has provided a solution to whether during public procurement the contracting authority must set a new closing date for submitting tenders if the public procurement procedure has been suspended by the administrative court as a means of provisional legal protection before the original closing date. The Court ruled that if a new closing date is not expressis verbis determined by the administrative court that suspended the tendering procedure, the contracting authority should on the principle of good administration set a new closing date. This would ensure that all participants in the tender share a common understanding of the tender rules.

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