Court decisions
Search by word, by full text and by category. Case and decision numbers tolerate formatting differences. Only lawyer-approved English records are listed.
- COURT DECISION4735Tender Process Disputes18 November 2025
The mandatory conditions for using the unadvertised negotiated procedure under Article 21(b)
The principal procurement procedures under Public Procurement Law No 4734 are the open procedure and the restricted procedure. Negotiated procedures may be used where the special conditions set out in the Law arise. In recent years, however, the proportion of negotiated procedures, and within them the proportion of unadvertised negotiated procedures under Article 21(b), has risen sharply.
Danıştay
- COURT DECISION4734Tender Process Disputes12 July 2024
On what condition may the fee paid for an appeal to the Public Procurement Authority be recovered?
Following the tenderer's appeal to the Public Procurement Authority, the Public Procurement Board upheld only one of the grounds raised and decided to cancel the tender, while rejecting the other five grounds. The Board therefore held that the condition laid down by Law No 4734 that the applicant be upheld on all of its grounds was not met.
Bölge İdare Mahkemesi
- COURT DECISIONTender Process Disputes12 February 2023
A commission convened with insufficient members reaching a decision
The action was brought for the annulment of Public Procurement Board decision No 2005/UY.Z-355 of 22 February 2005, which cancelled a tender for a 479 km fibre optic cable installation held on 22 December 2004.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Administrative applications and the bringing of proceedings by joint ventures
Under the legislation referred to, because joint ventures submitting bids in a procurement procedure have no legal personality, either all partners must act together or the partner entrusted with management (the lead partner) must act in the name and on behalf of the joint venture.
Danıştay
- COURT DECISION4734Financial Disputes12 February 2023
By what date must a tax debt have been paid in order to participate in a tender?
On examination of the file, six firms took part in the tender for vehicle hire services held by open procedure on 6 January 2005 by a municipality, and the tender, with an estimated cost of TRL 620,280,375,000, was awarded to the claimant as the lowest bidder.
Danıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
Can the fact that a single valid bid close to the estimated cost remains be a ground for cancelling the tender?
The tender commission's stated ground for cancelling the tender was that, following the exclusion of two tenderers from the evaluation, the claimant's bid remained as the only valid bid, and the figures of the competing bids were compared.
Danıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
Competition must be secured when non-price criteria are determined
In the tender in question, for private security services, the whole of the estimated cost calculated without discount consisted of personnel costs, and the cost of the security systems, devices and equipment to be used by that personnel during performance of the contract was set as a non-price criterion.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Conformity with similar work: verifying a work experience certificate with the authority that issued it
On examination of the case file, in the tender for urban cleaning services held by open procedure on 5 September 2014 by a municipal cleaning affairs directorate, the claimant's work experience certificate was assessed by enquiry with the issuing authority.
Danıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
Council of State: a tender with a low discount and a single valid bid must be cancelled
In a vehicle hire tender conducted by open procedure on 3 February 2020 by a water and sewerage administration.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Do tenderers with no prospect of being awarded the contract have standing to bring an application?
In the case in question, whether the claimant, who submitted a bid that was excluded from the evaluation, suffered any loss of right or damage in respect of its objections to the successful tenderer and to the acts of the tender commission.
Danıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
Does a bid very close to the threshold value for a lot mean that the estimated cost has been disclosed?
Where the principles set out in Article 5 of Law No 4734, which contracting authorities are responsible for securing, namely transparency, competition, equal treatment, reliability, confidentiality, public scrutiny, the timely meeting of requirements on appropriate terms and the efficient use of resources, cannot be secured, the tender officer may cancel the tender, and the tender commission also…
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Holding a tender for externally financed works under the exemption regime
The tender in dispute was conducted, under the loan agreement signed between the defendant authority and the European Investment Bank, with external financing and in accordance with the FIDIC rules required by that bank.
Danıştay
- COURT DECISION4735Financial Disputes12 February 2023
In service procurement, must a price difference be paid to the contractor where the minimum wage rises even though no price difference was provided for?
In service procurement where the number of personnel is fixed in the tender documents and the whole of the weekly working time is to be used by the contracting authority, a price difference is frequently not provided for.
Yargıtay
- COURT DECISIONTender Process Disputes12 February 2023
Is a tender cancelled because an addendum was not issued in time?
On examination of the case file, following the complaint on five points made by the claimant company on 4 November 2013 in relation to the cleaning services tender for the 2014-2015 financial years announced by a university health research and application centre as to be held by open procedure on 8 November 2013.
İdare Mahkemesi
- COURT DECISION4734Debarment and Defence12 February 2023
Is a tenderer with a social security debt at the time of participation debarred from public procurement?
On examination of the file, the tender commission's assessment of the open procedure tender held by a metropolitan municipality for the hire of 56 saloon cars, 3 pick-ups and 1 minibus.
Danıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
Is the bid bond of a tenderer submitting an alternative bid forfeited to the authority?
Articles 17 and 58 of Law No 4734 contain no rule providing that, in addition to being debarred, persons engaging in prohibited acts or conduct requiring debarment shall also forfeit their bid bonds; and considered from the standpoint of Article 10 of the same Law.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Is the price advantage applied to a tenderer that does not submit a domestic goods certificate for every lot?
On examination of the file, the claimant company submitted a domestic goods certificate issued by a chamber of industry dated 27 January 2011; the administrative specification identified the flour group to be purchased as Type 550 and Type 850, the claimant bid for those groups, but the certificate submitted was found to relate to Type 650.
Danıştay
- COURT DECISIONContract Disputes12 February 2023
Issuing a work experience certificate for works whose final acceptance has not been carried out
In the case in question, the work completion certificate dated 16 November 2009 submitted by one of the claimant companies had been issued by an electricity generation and trading company, but the explanatory section stated that final acceptance had not been carried out, and verification confirmed the position as at the date of the certificate.
İdare Mahkemesi
- COURT DECISION4734Tender Process Disputes12 February 2023
Justifying an abnormally low tender with documents not provided for in the legislation
On examination of the case file, the tender for the supply and distribution of catering services (materials included) held on 26 July 2013 was awarded to the claimant company, and a competing tenderer's complaint to the contracting authority was rejected.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
May a company in respect of which a postponement of bankruptcy and the appointment of a trustee have been ordered take part in a tender?
The documents on file concern an interim injunction granted in respect of a company holding 51 per cent of the shares in the lead partner of the joint venture that submitted the economically second most advantageous bid in the tender in dispute.
Danıştay