Közbeszerzési Hatóság

172. §

172. §

1. The court shall make its decision on the substance of the case without holding a hearing; however, upon the request of the parties the court shall hold a hearing. Holding a hearing may be requested by the claimant in his application and by the defendant in his declaration related to the application.  In default of this, no certification may be accepted. The intervening trial shall be requested in accordance with Article 338(3) of the CP. For the adjudication without holding a trial Article 338(5), (7) and (8) of the CP shall apply.

2. Article 332/B of the CP shall be applied with the derogation that the first trial shall be hold within thirty days following the receipt of the documents at the court and if there is no need to conduct a procedure of evidence, or in the case of a procedure without a hearing the decision shall be made within this time limit. When counting the time limits the time period for the submission of the missing information shall not be taken into account.

3. The court may change the decision of the Public Procurement Arbitration Board - including the sum of the fine – and it may apply the legal consequences set out in Article 165(3), (6), (8) and (9).

4. The decision of the Public Procurement Arbitration Board may not be annulled by the court unless an infringement of the substantial rules on legal remedy proceedings having an effect on the substance of the case occurred in the proceeding of the Public Procurement Arbitration Board.

5. No appeal shall lie from the court’s ruling except where the decision of the Public Procurement Arbitration Board is reversed by the court.

6. The decision of the court shall be served to the parties within fifteen days following the date on which it was given. The court shall send its decision applying Article 165(8) and (9) to the Public Procurement Authority.