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

Case / decision no:

2025/853 / 2025/3741

Decision date:

20 January 2026

Court:

Danıştay

Case number:

2025/853

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.