Notification of the outcome of a public tender starts some very short clocks. Unlike most administrative disputes, in public procurement time affects not only whether a challenge can be brought but whether it remains worth bringing at all.

Once the contract is signed and performance is under way, the practical value of a later annulment may be significantly reduced. The first questions are therefore not only whether there are grounds, but which remedy is the right one and whether the process can still be suspended.

Two different routes

The Tenders Review Authority

The Tenders Review Authority is the specialist body that examines challenges against acts or decisions of contracting authorities taken before a public contract is concluded. It also has power to order interim measures, including suspension of the award procedure or of the signing of the contract.

In most cases, the availability of interim measures is the single most important practical advantage of going to the Authority.

The deadline is short and depends on how the decision was notified. As a rule it is fifteen calendar days from the day after the decision was dispatched, although different periods are expressly provided for in certain cases.

The Authority does not have jurisdiction over every public contract. Its scope is set by section 3 of the Law and, for certain categories of works contracts and concessions, a minimum estimated value of €1,000,000 now applies.

The Administrative Court

An interested party may also bring a recourse under Article 146 of the Constitution. Law 104(I)/2010 expressly preserves that right.

A recourse under Article 146 must be brought within the constitutional deadline and does not depend on the financial thresholds governing the Authority’s jurisdiction.

The real difference is practical. The Authority is designed to intervene quickly, before the contract is concluded, whereas court proceedings follow a different procedural framework and a different timescale.

What the Authority and the Court examine

Neither the Authority nor the Administrative Court substitutes its own technical evaluation for that of the contracting authority.

What they examine is whether:

  • the tender terms were applied as published,
  • the principles of equal treatment and transparency were observed,
  • the reasoning for the decision is adequate,
  • the evaluation was based on the material the law and the tender documents require,
  • the essential procedural safeguards were respected.

In practice, many successful challenges rest on a departure from the tender’s own terms, on inadequate reasoning, or on unequal treatment between economic operators.

Interim measures and the guarantee

It should be noted that the 2025 amendments changed the interim measures regime substantially. An applicant seeking interim measures must now state, in the recourse itself, that it accepts the obligation to lodge a guarantee if one is ordered. Without that statement, the request for interim measures is dismissed.

If the Authority decides to grant interim measures, it calls on the applicant to lodge the guarantee within five working days. The amount is set by the Authority on the basis of the estimated value of the contract. The guarantee may be returned or retained depending on the outcome of the case.

For that reason, a realistic assessment of the prospects of success is essential from the earliest stage.

What to do in the first week

  • Record immediately the date the decision was dispatched and the date you received it, and calculate the applicable deadlines.
  • Request the summary reasons and the other information provided for by the legislation, without delay.
  • Preserve the complete tender documentation, together with every clarification and amendment.
  • Decide straight away whether interim measures are needed, bearing in mind that delay may result in the contract being concluded before the challenge is heard.

Conclusion

In public procurement the first week is often the most important period of the entire dispute. Choosing the right remedy, calculating the deadlines correctly and assessing the need for interim measures in time can determine how effective any later judicial or administrative protection turns out to be.

Need an assessment?

Every case turns on its own facts and on the documents behind them. For an initial assessment of your position, you are welcome to contact the Firm at info@topouzislegal.com.

This article is provided for general information only and does not constitute legal advice on any specific matter.