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Remedies against actions of the Administration in relation to public procurement bids according L.3886/2010

Iason Skouzos & Partners > Practice Areas  > Public Procurement  > Remedies against actions of the Administration in relation to public procurement bids according L.3886/2010

Remedies against actions of the Administration in relation to public procurement bids according L.3886/2010

1)  Preliminary claim under article 4 L.3886/2010
A Preliminary claim shall be filed in Police Headquarters within 10 days from the notification of the Administration’s illegal action or omission and with full justification of the presented arguments.   The claim must indicate in detail, which law provisions and tender requirements have been violated and the exact reasons of this infringement.

The content of the preliminary claim must be the same with the content of the application for interim measures, which means that our arguments must be exactly the same.)
Timetable:
Filing of claim: within 10 days from the notification of the Administration’s action.
Decision of the competent authority: within 15 days from the claim’s filing. If this deadline expires, the claim is deemed to be rejected.
If the competent authority accepts the claim, no further action is required. If, on the other hand, our claim is rejected,  (explicitly or implicitly), the tender participant  may apply for interim measures

2)  Application for interim measures under L 3886/2010
Within 10 days from the explicit or implicit rejection of the preliminary claim, an application for interim measures is filed before the Three-member Administrative Court of Appeal.
Until the first hearing day, a revenue stamp has to be paid which amounts to 1% of the budgeted value of the tender, including V.A.T. If the application for interim measures is totally or partially accepted, the afore-mentioned revenue stamp is refunded.
The hearing day of the application shall not exceed 30 days from its filing.
Timetable:
Filing of application for interim measures: within 10 days from the explicit or implicit rejection of the preliminary claim.
Hearing day: Up to 30 days from the filing of the application.
Judgment on the application for interim measures: within 20 days from the hearing. (The operative part of the judgment- this means the judgment without its justification-
is published within 7 days from the hearing day).

3)  Application for Revocation
Application for revocation is also filed before the Three-member Administrative Court of Appeal.
If the application for interim measures is accepted, the application for revocation is required to be filed within 30 days from the service of the judgment on the application for interim measures. The hearing day of the application for revocation shall not exceed three months from the filing of the complaint.