Közbeszerzési Hatóság

175. §

Civil action for stating the invalidity of a contract modification

175. §

1. If, on the basis of the outcome of the official control according to Article 187(2)(j), the Public Procurement Arbitration Board establishes that the contents of the contract are likely to violate Article 142(3), it shall bring an action with a view to declaring the modification of the contract invalid and applying the legal consequences of invalidity. The Public Procurement Authority is entitled to exemption from all court costs.

2. The Public Procurement Authority shall initiate the action set out in paragraph 1 within thirty days counted from the completion of the control. In the case of failing to meet the deadline, a certification may be presented in accordance with the provisions set out in the CP. 

3. The Public Procurement Authority shall publish a notification about initiating the action set out in paragraph 1 on its homepage. The notification shall contain the naming of the case in question (if appropriate, the indication of the related procurement procedure), the date of submission of the claim and the naming of the parties to the proceedings.

4. If the court states the invalidity of the contract modification on the grounds specified in Article 142(3) in the legal action pursuant to paragraph (1), it shall enforce the legal consequences of ineffectiveness in compliance with the provisions laid down in the Civil Code, furthermore, it shall impose a fine the amount of which shall be – taking into consideration all the circumstances relevant to the case – not more than fifteen percent of the value of the contract.