ONV LAW has successfully represented FLASH LIGHTING SERVICES S.A. in significant public procurement litigation, with both the Constanța Tribunal and the Constanța Court of Appeal ruling in favour of the firm’s client.

The case concerned an attempt by the Municipality of Constanța to hold the company liable for damages allegedly caused by delays to a public procurement procedure following challenges brought against the tender documentation.

The courts rejected the claim, finding that challenging tender documentation is an exercise of a bidder’s right to seek judicial review of a procurement procedure and does not, in itself, constitute an abuse of rights. The Court of Appeal upheld the first-instance decision and dismissed the contracting authority’s appeal.

The judgment also addresses an important practical issue for contracting authorities: procurement timetables must take into account the time required for economic operators to exercise their legal right to challenge tender documentation.

“The judgment is relevant to public procurement practice, reaffirming the right of economic operators to challenge tender documentation and seek judicial review of the procedure. At the same time, the court emphasized that contracting authorities must take into account, when establishing the timetable for a procurement procedure, the time necessary for economic operators to exercise their right to file challenges,” said Ada Pascu, Managing Associate in ONV LAW’s Public Procurement, Concessions, Public Services and Infrastructure Department, who represented FLASH LIGHTING SERVICES S.A. in the proceedings.

ONV LAW has a well-established Public Procurement practice, advising both private companies and public authorities throughout the procurement process, from tender procedures and contract management to challenges and litigation. Our team has particular experience in major infrastructure, construction and public utility projects.