Közbeszerzési Hatóság

173. §

Consolidated legal procedure for the review of the decision of the Public Procurement Arbitration Board and for the statement of the invalidity of contracts infringing regulations applicable to procur

173. §

1. The applicant shall request the review of the decision of the Public Procurement Arbitration Board and the statement of the invalidity of the contract on which the decision is based – due to the reasons specified in paragraph 137(1) – and the application of the legal consequences of the invalidity exclusively in one single legal procedure. The legal procedure shall be initiated against the Public Procurement Arbitration Board and the contracting parties. The application shall be submitted or sent by registered post to the Public Procurement Arbitration Board not later than fifteen days after receipt of the decision. 

2.  In the course of the legal procedure other civil right claims shall not be open for enforcement, the statement of the invalidity of the contract due to reasons other than those listed in paragraph 137(1) shall not be requested.

3.  In the course of the legal procedure, Chapter XX of the CP shall apply with the derogations specified in this Act.

4. The Public Procurement Arbitration Board shall forward the application together with the documents of the case and the provision of information according to Article 170(3) as well as its statement on the contents of the application to the court within five days after receiving the application.

5. 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.

6. The application may be changed or extended only within the period open for the initiation of the legal proceeding. Article 335/A (2) of the CP shall apply in this case as well.

7. Where a hearing is held upon the request of any of the parties, any further comment or statement made after the hearing of the given case, without the request of the Public Procurement Arbitration Board shall not be taken into consideration by the Public Procurement Arbitration Board for its decision.