On June 30, 2014, the Romanian Government published in G.U.O. No. 51/2014 drastic penalties for economic operators who formulate appeals in procedures for the award of public procurement contracts.
Under the new Articles 2711 and 2712 of G.U.O. No. 34/2006, in addition to the participation guarantee, the contesters are required to provide a guarantee of good conduct amounting to 1% of the estimated value of the public procurement contract, which can reach up to 100.000 EUR. It will be retained in full by the contracting authority, in case of rejection of appeal / request / complaint.
VASS Lawyers, as a representative of several companies in the IT, construction, infrastructure, utilities, medical or defence sector, as well as of some non-governmental organizations, lodged a complaint with the European Commission on the new legal provisions which violate fundamental European principles regarding remedies in public procurement, such as the principles of effectiveness and comparability remedies, free access to remedies and to the free movement of goods and services.
The complaint aims to re-establish compliance of national legislation with EU legislation and, in particular, with the Treaty on the Functioning of the European Union and the Remedies Directives 89/665/EEC and 92/13/EEC, and to restore real access to justice for economic operators participating in public procurement procedures.
In this context, interested natural or legal persons have the possibility to sign the complaint addressed to the European Commission until 28th of July 2014. Additional information about the complaint and its signature procedure can be obtained by phone (+40 21-222-0977) or by e-mail (office@vasslawyers.eu).
ABOUT COMPLAINTS WITH THE EUROPEAN COMMISSION
Each State Member is responsible for the implementation of European law (adoption of the measures established in terms of implementation, compliance and correct application) within the national legal system. Under the Treaties, the European Commission monitors the correct application of EU law. Consequently, if a Member State fails to fulfil its obligation of respecting European law, the Commission has its own necessary means to end this violation of European law and, if necessary, to refer the case to the Court of Justice of the European Union. The Commission adopts the measures deemed necessary, following a complaint or the identification of issues suggesting possible violations of European law. Failure means failure of a Member State in fulfilling its obligations under the European law, which may take the form of an action or omission. Any person may submit a complaint against a Member State in relation to any action (law, regulation or administrative action) or practice initiated by it, considered contrary to the provisions or principles of European law. The applicant is not required to demonstrate a formal interest for filing the complaint, or that it’s essentially and directly affected by the denounced violation of European law. To be admissible, a complaint must relate to a breach of EU law by a Member State. It should be also noted that the Commission may decide, based on rules and priorities established by the Commission on the initiation and continuation of EU infringement proceedings, if it is necessary or not to act on a complaint.
Extract from the standard complaint form, available at: http://ec.europa.eu/eu_law/your_rights/your_rights_forms_ro.htm