The Council of State has resolved the problem of calculating pro rata depreciation in abnormally low tender justifications

Case / decision no:

2025/2543 / 2025/3766

Decision date:

30 January 2026

Court:

Danıştay

Case number:

2025/2543

By its judgment of 3 December 2025 (case No 2025/2543, decision No 2025/3766), the 13th Chamber of the Council of State resolved an important doubt in practice concerning the calculation of pro rata depreciation in abnormally low tender justifications. The judgment held that, in vehicle hire service tenders, a pro rata depreciation calculation limited to the contract period is acceptable under public procurement law where it reflects the true cost of the bid.