Our Partner Tasiana Timofticiuc has published an article in issue 176/2025 of the Review of Public Procurement dealing with a topical issue in the field of public procurement in Romania: Grounds for admissibility of appeals against CNSC decisions. Case study on the recent jurisprudence of the Bucharest Court of Appeal.
Ms Tasiana Timofticiuc, attorney-at-law, conducted a statistical study analysing the decisions issued by the Bucharest Court of Appeal in 2023-2024. On the basis of this sample of court decisions on public procurement, there were identified the main reasons why the court upheld appeals against CNSC decisions and annulled or modified CNSC decisions in public procurement procedures.
In addition to a statistical analysis of the complaints accepted, the article describes the specific legal implications of the public procurement remedies applied by the courts when ruling on the complaints submitted by economic operators, such as non-conformity of the tender documents or errors in the estimation of the value of the contract.
The analysis also highlights the importance of specialised legal advice in the field of public procurement, as the success rate of complainants’ appeals against CNSC decisions is influenced by the professional manner in which requests for clarification of the tender documentation were drafted, responses to requests for clarification were drafted during the tender evaluation phase and, last but not least, the procedural aspects and deadlines of the CNSC procedure were respected.
