Közbeszerzési Hatóság

143. §

Specific provisions pertaining to the termination of the contract

143. §

1. The contract may be terminated or rescinded according to the Civil Code by the contracting authority, if

  1. it is absolutely necessary to carry out a substantial modification to the contract, which would require a new procurement procedure pursuant to Article 141;
  2. the contracting authority fails to ensure compliance with Article 138 or the valid succession of the party entering into the contract as tenderer does not comply with Article 139; or
  3. on the basis of Article 258 TFEU an infringement procedure was initiated for the violation of the rules on public procurement or the Court of Justice of the European Union declared in a procedure pursuant to Article 258 TFEU that an infringement of the obligations was committed under European Union law and the contract is not considered null and void on the basis of the infringement established by the Court.

2. The contracting authority shall terminate the contract or rescind the contract according to the Civil Code, if, after the conclusion of the contract, he learns that the contracting party has been subject to a ground for exclusion in the procurement procedure and should have been excluded from the procurement procedure.

3. The party entering into the contract as contracting authority shall be entitled to and at the same time shall be bound to terminate the contract – where necessary, giving a period of notice which allows the party concerned to arrange for the carrying out of his duty according to the contract -, if

  1. any legal person or any entity having legal capacity under its personal right subject to the situations set out in Article 62(1)(kb) owns directly or indirectly a share exceeding 25% in the successful tenderer or has the right to vote;
  2. the successful tenderer acquires directly or indirectly a share exceeding 25% in any legal person or any entity having legal capacity under its personal right, which is subject to the situations set out in Article 62(1)(kb).