Közbeszerzési Hatóság

170. §

170. §

1. No appeal or application for retrial shall be brought against the substantial decision of the Public Procurement Arbitration Board. Anyone whose right or legitimate interest is being harmed by the decision of the Public Procurement Arbitration Board on the substance of the case, or the person or organisation requesting the proceeding of the Public Procurement Arbitration Board pursuant to Article 152, shall be entitled to bring an action before the court for its judicial review.  The reason for asking review shall not only be the infringement of the Public Procurement Arbitration Board, but that circumstance as well if according to the claimant the Public Procurement Arbitration has not evaluated, qualified accordingly the previous procedure, decision of the requested with regard to the provisions of this Act.

2. The claim may only be submitted or sent by registered post to the Public Procurement Arbitration Board within fifteen days from the receipt of the decision.

3. The Public Procurement Arbitration Board shall forward the application together with the documents of the case – and with its statement on the contents of the application – to the court within five days, and at the same time it shall inform the court about the parties participating in the procedure of the Public Procurement Arbitration Board and about the interested parties concerning whom the decision contains a provision.

4. Any person who is not to be granted to act as a public procurement commissioner on the grounds set out in Article 147 shall be excluded from trying the case and shall not participate in it as a judge.