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How to challenge public procurements in CEE

CEE
27/10/2016
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In public procurement procedures, the EU Remedies Directives ensure that rapid and effective remedies are available in all EU countries when bidders believe that tender notices are challengeable or contracts have been awarded unfairly. Despite the common standards, national review systems vary from country to country in terms of the competent bodies bidders may turn to for assistance, the remedies themselves, and most importantly, the deadlines for disputing alleged infringements.

In public procurements the first hurdle for a successful challenge is to bring the matter before the competent body within the prescribed deadline, otherwise a harmful action of a competitor or the contracting authority could easily remain uncured. For this reason, we have compiled a comprehensive chart regarding the applicable deadlines, competent bodies and available remedies in CEE jurisdictions to help our clients make sense of this crucial area. The CEE countries addressed in the toolbox are:

  • Hungary;
  • Czech Republic;
  • Poland;
  • Romania;
  • Bulgaria; and
  • Ukraine.

We have included Ukraine, even though it is not a member of the European Union, because it is an important CEE country, where the significance of public procurement procedures is growing, and the rules of which were modernized recently in order to be closer to EU public procurement law.

The CMS Toolbox of Remedies in CEE Public Procurement is available here: https://cms.law/en/BGR/Publication/CEE-Public-Procurement-Toolbox-for-Remedies

The toolbox contains a short one-page guide for each CEE jurisdiction and aims to provide a helpful and handy overview. The toolbox does not constitute legal advice. All legal matters, including public procurement disputes, must be decided on a case-by-case basis, in light of all circumstances and subject to thorough legal assessment under local law.

For detailed legal advice, please contact your local CMS office.

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