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It is possible to suspend the execution of the public procurement contract?

High Court of Justice and Cassation stated it is not possible to suspend the execution of a public procurement contract due to Article 14 from the Law on Administrative Procedure because the public procurement contract requires an agreement of wills between the public authority and a company that has been established reciprocal rights and obligations, not having the character of a unilateral administrative order to be susceptible to suspend performance under the text cited. In this case, the High Court stated the claimants being announced about disqualification of their bids submitted at the public auction, were able to seek suspension of contract award to the company that won the tender. Also, the High Court added that the provisions of Article 14 from the Law no. 554/2004 cannot be applied in accordance with the provisions of Article 2 alin.1 letter c) which assimilates administrative provisions and procurement as aforesaid legal text stipulates regulations likely suspension or the unilateral administrative contracts not identified. ( Decision no. 1824 from 4th April 2012 pronounced in appeal by the Administrative and Fiscal Section of the High Court of Justice and Cassation having as object suspension of a public procurement contract execution )

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

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