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The Supreme Court made a decision on 05.11.2012, which summarized city auto says that when the granting of the concession is a significant breach of the Treaty on European Union (TFEU), the principles of the concession contract can be void also detect city auto when the Public city auto Procurement Act (PPA), it does not provide directly. It stated, among other things, the Supreme Court once again the primacy of EU law over national law in Estonia. Also, one can conclude from the sharp and strong to control the use of public resources and to use the procedure.
RHS 4 section 2, second sentence, of the Act shall not affect the validity of the award of non compliance with the provisions of this Act unless otherwise specified. RHS 69, paragraphs city auto 1 and 1 1 provides a list of circumstances in which the contract was void.
In short, this means that the contract (including the concession agreement) is void only if the breach of the procurement rules, city auto and some a result of the violation city auto of the PPA provides for the nullity of the contract. In such a case, the person whose rights are affected by breach of the procurement rules, to submit declaration of annulment of a contract claim.
The foregoing ruling of the Supreme Court of the author's opinion, significantly expanded the opportunities for individuals interested in the concession contracts declaration of annulment city auto of claims. Specifically, the Supreme Court found, by analyzing, among other things of this Court and held that if a concession is granted on substantially damaged city auto TFEU (particularly Articles 49 and 56), and based on them, RHS 3, and the RHS under the provisions as if there would be no such case can be such a concession contract was void declare the invalidity of the claim in the identification of the General Law - General Principles of the Civil Code Act (GPCCA) 87 - under.
Such a right of action to support the extension of the Court's position, among other things, according city auto to which a breach city auto of the opposing ELTL'i effective judicial remedy. However, it is important to note that this right is dependent upon the occurrence of certain specific assumptions and should not be used lightly. Among other things, the Supreme Court has emphasized that the general basis - ie GPCCA under 87 - declaration of annulment of the concession contract city auto may be entitled to claim for a person who violates city auto the rights of non-compliance with the provisions of the PPA.
In order to ensure that both the supplier and the protection of the interests of the contracting authority, it is very important to the entire procurement process from start to finish through the line with both the RHS and the European Union's regulatory requirements. If, however, the procedure is a breach of procedural rules and requirements, interested person should definitely consider the potential procurement procedure for challenging opportunities, and his right to present a manifest infringement of the applicable requirement.
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