# Remedies: what a contracting authority must do when a call is challenged - URL: https://procurelex.mt/en/guides/remedies - Updated 2026-11-11 - Draft – awaiting legal review - Legal basis: regulation 16(1)(h), regulation 262(1), regulation 262(2), regulation 263(1), regulation 264, regulation 265, regulation 266, regulation 267, regulation 268, regulation 270, regulation 271, regulation 272, regulation 273, regulation 274, regulation 275, regulation 276(c), regulation 276(f), regulation 276(h), regulation 277(1), regulation 277(2), regulation 277(3), regulation 277(5), regulation 278, regulation 280(2), regulation 281, regulation 282, regulation 284, regulation 285, regulation 288 The two remedies before the Public Contracts Review Board, their time limits and deposits, when the process is suspended, ineffectiveness and the Court of Appeal. Part IX of the Regulations gives economic operators two remedies before the Public Contracts Review Board, one before the closing date of a call and one after it, and an appeal to the Court of Appeal. The procurement documents must say that the award is subject to this review and include an extract of the appeals process ([regulation 16(1)(h)](https://procurelex.mt/en/ppr/16#p1-h)). ## Before the closing date **Who and when.** Prospective candidates and tenderers, within the first two-thirds of the time allocated for the submission of offers ([regulation 262(1)](https://procurelex.mt/en/ppr/262#p1)). **What for.** To set aside unlawful decisions, including clauses of the procurement document and clarification notes; to determine issues relating to submission through the e-procurement platform; to remove discriminatory technical, economic or financial specifications; to correct errors or remove ambiguities; or to cancel the call ([regulation 262(1)](https://procurelex.mt/en/ppr/262#p1)). **Deposit.** 0.50% of the estimated value of the whole tender or of the lots concerned, not more than €50,000 ([regulation 262(2)](https://procurelex.mt/en/ppr/262#p2)). **What happens next.** - The application is affixed to the Board’s notice board and published on its website ([regulation 263(1)](https://procurelex.mt/en/ppr/263#p1)). - The contracting authority and any interested party may reply in writing within five days of the application being uploaded ([regulation 264](https://procurelex.mt/en/ppr/264)). - The process of the call is suspended pending the decision ([regulation 266](https://procurelex.mt/en/ppr/266)). - The Board decides with urgency after hearing the parties, in not more than one sitting ([regulation 265](https://procurelex.mt/en/ppr/265)), and its final decision always sets the new deadline for the submission of tenders ([regulation 267](https://procurelex.mt/en/ppr/267)). - The authority abides by the decision in the shortest time possible ([regulation 268](https://procurelex.mt/en/ppr/268)). ## After the closing date **Who and against what.** Where the estimated value meets or exceeds €5,000, any tenderer or candidate concerned, or any person having or having had an interest or harmed or at risk of being harmed, may object to a proposed award, the rejection of a tender or the cancellation of a call ([regulation 270](https://procurelex.mt/en/ppr/270)). **The notice that starts the clock.** The communication of the proposed award or of the cancellation is accompanied by a summary of the relevant reasons and by a precise statement of the exact standstill period ([regulation 272](https://procurelex.mt/en/ppr/272)). **Time limit and deposit.** Ten calendar days from the date the decision was sent by fax or other electronic means ([regulation 271](https://procurelex.mt/en/ppr/271)); a deposit of 0.50% of the estimated value, not less than €400 and not more than €50,000 ([regulation 273](https://procurelex.mt/en/ppr/273)). **Suspension.** The contract cannot be concluded during those ten calendar days, and the award process is completely suspended if an appeal is submitted ([regulation 275](https://procurelex.mt/en/ppr/275)); the Board’s Secretary notifies the authority of the objection at once ([regulation 274](https://procurelex.mt/en/ppr/274)). **Procedure.** The authority and any interested party may reply in writing within ten calendar days ([regulation 276(c)](https://procurelex.mt/en/ppr/276#pc)). If the Board does not decide on the day of the oral hearing, it decides not later than six weeks from it, unless it postpones for serious and justified reasons ([regulation 276(f)](https://procurelex.mt/en/ppr/276#pf)). It may accede to the appeal, reject it, or cancel the call ([regulation 276(h)](https://procurelex.mt/en/ppr/276#ph)). ## Ineffectiveness of a signed contract For a contract whose estimated value meets or exceeds the threshold of Schedule 5, the Board may be asked to declare it ineffective ([regulation 277(1)](https://procurelex.mt/en/ppr/277#p1)): - where it was awarded without prior publication of a contract notice in the Official Journal of the European Union when that was not permissible ([regulation 277(2)](https://procurelex.mt/en/ppr/277#p2)); - where it was concluded while an appeal was pending, or before the period for filing an appeal had expired ([regulation 277(3)](https://procurelex.mt/en/ppr/277#p3)). The applicant may also ask for compensation for actual damages ([regulation 278](https://procurelex.mt/en/ppr/278)). The Board may leave the contract in effect for overriding reasons of general interest ([regulation 280(2)](https://procurelex.mt/en/ppr/280#p2)); the penalties are a fine of fifteen per cent of the tender value, not exceeding €50,000, or the shortening of the contract ([regulation 281](https://procurelex.mt/en/ppr/281)). The time limits for these applications are in [regulation 282](https://procurelex.mt/en/ppr/282). ## The Court of Appeal A party aggrieved by a decision of the Board may appeal to the Court of Appeal within twenty calendar days from the date the decision is made public ([regulation 284](https://procurelex.mt/en/ppr/284)); the other parties may reply within twenty days from service ([regulation 285](https://procurelex.mt/en/ppr/285)). A frivolous and vexatious application may be penalised with between €1,000 and €5,000, paid to the contracting authority ([regulation 288](https://procurelex.mt/en/ppr/288)). No one may challenge an award before a court or tribunal, or ask for damages, without first resorting to the remedies of the Regulations ([regulation 277(5)](https://procurelex.mt/en/ppr/277#p5)).