Consideraţii privind regimul juridic al intervenţiei voluntare formulate de ofertantul declarat câştigător în cadrul unei contestaţii guvernate de dispoziţiile Legii nr. 101/2016. Implicaţii asupra dreptului ofertantului câştigător la recuperarea che
Considerations regarding the legal regime of the ancillary intervention filed by the winning tenderer within an appeal governed by the provisions of the Law no. 101/2016. Implications for the winning tenderer’s right to recover the litigation costs

Summary/Abstract: This article analyses the implications of the particular legal physiognomy of the intervention filed by the winning tenderer in a public procurement procedure within an appeal initiated by one of its competitors against the acts of the contracting authority, where the intervention in the legal proceedings is aimed at preserving its position as adjudicator of the contract. Given the particularities of the public procurement disputes, such a motion to intervene is most often qualified as ancillary intervention in support of the contracting authority. However, the legal nature of the voluntary intervention in the light of the provisions of Article 17 para. (3) of the Law No. 101/2016 remains a sui-generis one; such legal qualification presents particular implications from the perspective of the right of the winning tenderer (acting as intervener in support of the contracting authority) to recover the litigation costs. Starting from the general legal regime of the ancillary intervention under the provisions of the Code of Civil Procedure and by analysing the divergent positions expressed within the legal literature and the case-law of the National Council for Solving Complaints, as well as the domestic courts’, the particular procedural framework under the provisions of the Law No. 101/2016 is subsequently analysed (from the perspective of the possibility to forcedly introduce the winning bidder in the legal proceedings, by making de lege ferenda proposals as well).

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