Public procurement. Complaint against CNSC decision. Territorial jurisdiction. Calculation of the time limit to file the complaint. Motion to stay the proceedings moot

DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Abstract

The jurisdiction rule in Art. 32 para. (2) of Law 101/2016 in solving the resolution of complaints against decisions of the National Council for the Settlement of Disputes (CNSC) in the procedure for the award of a contract for the purchase of vegetation clearing works for the purpose of ensuring the visibility and gauge of the railway, which cannot be assimilated to works related to transport infrastructure of national interest, as defined by the legislation in force,

In the procedure for serving the decision of the CNSC, the provisions of the Code of Civil Procedure concerning the conditions for choosing the address for the service of process must be duly met. It is unlawful to serve the notice on the representative of the parties to the proceedings if there is no mention of the person in charge of receiving the process.

If the procedure for service of process has not been duly met, the motion to resume the procedural time-limit, which begins to run after service, is moot.