Plurality of general and special procedural legal provisions. Calculation and duration of the period of appeal in disputes relating to the performance of the public procurement contracts. Delay in exercising the extraordinary legal remedy
DREPTUL CONTENCIOSULUI ADMINISTRATIV ȘI FISCAL
Abstract
The legislator set forth that in the case of certain disputes determined by the manner of conclusion and/or performance of the public procurement contracts, including in terms of requests for paying certain alleged losses determined by the manner of awarding or performing such contracts, the special procedural provisions are applicable both in relation to the common law in the administrative matter, Law no. 554/2004, and in relation to the general procedural provisions, the Code of civil procedure, which are applicable according to art. 68 of Law no. 101/201 only in supplement of this latest regulation and provided that their provisions are not contrary to the special legal provisions applicable to these disputes. Therefore, the appeal period is of 10 days from its communication, calculated according to the special legal provisions in the matter of disputes determined by the award and/or performance of the public procurement contracts, and the legal basis actually indicated by the appellant-claimant was not relevant, respectively the Civil Code or Law no. 554/2004 under the circumstances in which the provisions of art. 53 para. (1) of Law no. 101/2016 aims at the lawsuits and claims for paying compensation to repair the damages caused during the award procedure, as well as those related to the performance, annulment, nullity, rescission, termination or termination for convenience of the contracts, and according to the provisions of art. 1 para. (2) of the same regulation “This law shall also apply to the claims the subject-matter of which is the payment of compensation to repair the damages caused during the award procedure, as well as to those related to the performance, annulment, rescission, termination or termination for convenience of the contracts”.
