S.L. 601.09 · Part V · Remedies
Regulation 113. Ineffectiveness of a contract
Ineffectiveness of a Concession Contract
(1) An interested party or a tenderer may file an application before the Public Contracts Review Board to declare that a concession contract with an estimated value which meets or exceeds the threshold established under Schedule 3 is ineffective.
(2) An interested party may only request the Public Contracts Review Board to declare a signed concession contract ineffective if the contracting authority or the contracting entity has awarded a contract without prior publication of a contract notice in the Official Journal of the European Union without this being permissible in accordance with Directive 2014/23/EC.
(3) Any tenderer may also request the Public Contracts Review Board to declare a contract ineffective in the following two instances:
(a) when, notwithstanding an appeal is lodged before the Public Contracts Review Board, a contracting authority or the contracting entity concludes the contract before a final decision is given by the Public Contracts Review Board; or
(b) when the contract is concluded by a contracting authority or the contracting entity before the expiry of the period for the filing of an appeal as provided for in regulation 106.
(4) The provisions of sub-regulation (2) shall not apply where:
(a) the contracting authority or the contracting entity considers that the award of a contract without prior publication of a contract notice in the Official Journal of the European Union is permissible in accordance with Directive 2014/23/EC;
(b) the contracting authority or the contracting entity has published in the Official Journal of the European Union a notice as described in Article 3a of Directive 89/665 expressing its intention to conclude the contract; and
(c) the contract has not been concluded before the expiry of a period of at least ten calendar days with effect from the day following the date of the publication of this notice.
Want your tender documents checked before publication? We will show you how Procurelex Verifika does it.
Request a demoGeneral information on the Public Procurement Regulations in force. Not legal advice.