Despre pierderea unei şanse, în contenciosul administrati
About loss of opportunity, in administrative litigation

Summary/Abstract: The matter of administrative litigation is supplemented, as established by Art. 28 of Law no. 554/2004, with the Civil Code, to the extent that the latter is compatible with the specific power relations established between the public authorities and the administered entities. Consequently, the “harm” that any plaintiff must prove in order to obtain the annulment of an administrative act of direct award of a public procurement contract could be a loss of opportunity: that of participating in a tender (and, therefore, possibly win the award of the contract in question). However, the analysis of a recent final judgment shows that the plaintiff’s situation is much more complicated when it comes to awarding compensation for the damage suffered by it as a result of losing that opportunity... The study also intends to analyse, in such a situation, the matter of the standing to be sued in such an action for compensating the damage caused by the loss of opportunity: together with the public legal person whose administrative body issued the illegal (and harmful) act, this standing must also be recognized to the beneficiary of such act, given that: (1) it is, in its turn, a public institution subordinated to the issuer of the act in question, (2) this act was adopted at the initiative of its beneficiary and, finally, (3) it is also the beneficiary that enforced the prejudicial administrative act.

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