# S.L. 601.09, regulation 113. Ineffectiveness of a contract

- URL: https://procurelex.mt/en/concessions/113 · Malti: https://procurelex.mt/mt/koncessjonijiet/113
- Concession Contracts Regulations (S.L. 601.09), consolidated version in force from 2024-05-17; official text (prevails): https://legislation.mt/eli/sl/601.9/eng

(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.