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COURT DECISION4734Tender Process Disputes

Differences of approach between the Public Procurement Board and the Council of State on forfeiture of guarantees in electronic tenders

Court:
Council of State
Case no. (E.):
2025/853
Decision no. (K.):
2025/3741
Decision date:
20 January 2026

The Council of State annulled, as an incomplete examination, the forfeiture of a bid bond on account of deficiencies in the manner in which documents were submitted in an electronic tender, thereby setting limits to the Board's strict approach.

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