Sophia Mavridou

19 Feb 2024 | in ARTICLES, Public law – Public procurement, by

Court of Auditors: An economic operator lending technical and professional capacity is not necessarily a subcontractor

Regarding the controversial issue of the relationship between reliance on third parties’ capacity and subcontracting, the Court of Auditors with its recent decision1638/2023, in alignment with judgment of the EU Court of Justice of 26.1.2023 in case C-403/21, ruled that an economic operator that lends technical and professional capacity to another economic operator to participate in a public tender is not necessarily a subcontractor, quoting an interesting analysis of the meaning of article 78§1 of Law 4412/2016 and the genuine intention of the parties in relation to the participation of the third-party lender in the execution of the contract. READ FULL ARTICLE

19 Oct 2023 | in ARTICLES, Public law – Public procurement, by

Civil liability of public authorities in the context of a RES investment as per recent judgment of the Council of State

The civil liability of a municipality in the context of lawsuit proceedings stemming from the cancellation of a RES investment due to unlawful acts and omissions of said public authority was examined by the Council of the State in its recent judgement no. 460/2023. Τhe court’s interesting reasoning particularly regarding indemnification of lost profit is briefly explored in this interesting article. READ FULL ARTICLE

15 Feb 2023 | in ARTICLES, Public law – Public procurement, by

Civil liability of a local municipality acting as contracting authority in Public Procurement proceedings (in Greek)

The Administrative Court of First Instance of Thessaloniki (decision No. 470/2022) has ruled that, despite the illegal actions of a contracting authority when awarding a public tender to a specific contractor, the disqualified candidate could not claim compensation; in view of the court, the disqualified candidate failed to prove that the tender in question would have been otherwise awarded to them, even though their financial offer was within the set budget. READ FULL ARTICLE

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