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COURT DECISION4734Debarment and Defence

Three important approaches of the Council of State to debarment from public procurement

Case / decision no:
2025/2762 / 2025/3965
Decision date:
23 February 2026
Court:
Danıştay
Case number:
2025/2762

The judgment of the 13th Chamber of the Council of State of 16 December 2025 (case No 2025/2762, decision No 2025/3965) contains important observations to the effect that debarment sanctions may not be extended by interpretation. In the case examined, the Public Procurement Board had treated matters such as use of the same IP address, a past shareholding relationship, use of the same business address and similarity of e-mail addresses as a presumption of an organic link.

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