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S.L. 601.09 · Part V · Remedies

Regulation 113. Ineffectiveness of a contract

Ineffectiveness of a Concession Contract

Text of the consolidated version in force from 17 May 2024. Where this page and legislation.mt differ, legislation.mt prevails: official textThe Maltese and the English texts are both official; where they conflict, the Maltese text prevails. This page shows the English text.

(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.

Cross-references

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Referred to by

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General information on the Public Procurement Regulations in force. Not legal advice.