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601.71 AIMP CH-NE

Art. 18 Intercantonal Agreement on Public Procurement (IAPP), of November 25, 1994 - Decision on Appeal

6 Finance - 60 Financial Management - Section 5: Legal Remedies
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Art. 18 Intercantonal Agreement on Public Procurement (IAPP), of November 25, 1994 - Decision on Appeal · Decision on Appeal

1. If the contract has not yet been concluded, the appeal authority may either rule on the merits or refer the case back to the awarding authority, annulling its decision, if necessary, with binding instructions.

2. If the contract has already been concluded and the appeal is deemed well-founded, the appeal authority shall declare the unlawfulness of the decision.

← Art. 17 Intercantonal Agreement on Public Procurement (IAPP), of November 25, 1994 - Suspensive Effect 6 Finances - 60 Financial Management - Section 1: General Provisions Art. 19 Intercantonal Agreement on Public Procurement (AIMP), of November 25, 1994 - Verification and Sanctions →

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Court Decisions Applying This Provision (4)

CDP.2011.212 · ne (Art. 18 al. 2 AIMP)
Appeal Regarding Public Contract Award and Contract Validity
Cited in the reasoning to establish that contract nullity cannot result from the violation of public procurement rules, which justifies the rejection of conclusions 1, 2, 3 and 5 in order 1.
TA.2000.165 · ne (art.18 al.2 AIMP)
Improper Exclusion from Public Contract and Procurement Liability
Cited to explain the limited effect of the Federal Tribunal's decision in public procurement cases where the contract is concluded.
TA.1999.89 · ne (art.18 al.2 AIMP)
Challenge to Electrical Construction Award Based on Unequal Treatment of Tender Discounts
Cited in the dispositive to declare the challenged award illicit because the contract was already concluded.
TA.1998.410 · ne (art.18 al.2 AIMP)
Unsuccessful Bidder Challenge to Underground Transport Link Procurement Award Based on Non-Discrimination and Transparency Violations
Used to establish that the award decisions were illicit given the circumstances.