Curtea de Apel Alba Iulia, Secția de contencios administrativ și fiscal, Decizia nr. 207 din 20 ianuarie 2014 (Studiu de Caz)
Alba Iulia Court of Appeal, Administrative and Tax Litigations Chamber, Decision no. 207 dated 20 January 2014 (Case Law Study)

Summary/Abstract: The article represents a commentary on case law regarding the delegation of public utilities services management and the cancellation of the tender when only two offers were submitted. The judgment of the court arises after the Decision no. 4344/2013, where the National Council for Solving Complaints was of the opinion that the criticism of the contesting company – that even if only two economic operators participated in the tender procedure, the contracting authority established a winner violating the provisions of art. 29 para. (9) of the Community Public Utilities Services Act no. 51/2006 – was late. An interesting analysis in the commentary is focused on A.N.R.S.C's response to the question of whether is legal the award of the contracts in question when the delegating authority does not receive at least three offers, or the eligibility criteria are not met by at least three tenderers, or the delegate is obliged to cancel the procedure. In the author's opinion, the answer given by A.N.R.S.C. is a surprising one that betrays either a weak knowledge of the rules of the field in which this authority operates, or its refusal to give effect to them, namely the overt intention to violate them.

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