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 DECISION4734Financial Disputes12 February 2023
May a contracting authority include a term in the tender documents requiring the contractor to pay workers' entitlements even where no progress payment has been made?
That provision confers on contracting authorities the power and the duty, during performance of a service contract concluded under Law No 4734, to monitor the wages payable to workers under the contract between the contractor and the worker, and to secure payment to the workers by deducting unpaid wages from the progress payment.
İdare Mahkemesi
- COURT DECISIONTender Process Disputes12 February 2023
May a customer certificate be submitted in place of an authorised dealership certificate?
The customer certificate of 31 December 2007 submitted by the claimant company when participating in the tender, stating that it was a medical oxygen customer of a producer, could not be characterised as the dealership certificate required by the administrative specification showing that it was an authorised dealer of the manufacturer, and its bid could not therefore be accepted and evaluated on…
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
May a tenderer be excluded from the evaluation because a national identity number is missing?
Reading the legislation together with the facts in dispute, where a candidate or tenderer fails to submit any of the documents required to be placed in the application or bid envelope, or any annex that must accompany those documents under the applicable legislation, the consequences set out in the legislation follow.
Danıştay
- COURT DECISIONFinancial Disputes12 February 2023
May finally established progress payment claims be offered as security?
The claimant argued that the progress payment entitlements held with the utility that the successful tenderer offered as a bid bond were not in proper form, that claims which had not become final had been offered as security, and that there was no finally established claim outstanding.
İdare Mahkemesi
- COURT DECISION2886Tender Process Disputes12 February 2023
May guarantees be attached and made subject to an interim injunction?
The principle of equality before the law in Article 10 of the Constitution applies to those whose legal positions are the same. That principle provides for equality in law, not in fact. Its purpose is to ensure that persons in the same position are subject to the same treatment under the law and to prevent discrimination and privilege.
Yargıtay
- COURT DECISIONTender Process Disputes12 February 2023
May missing information in a submitted document be made good by information in other documents?
Although the court gave judgment emphasising that the position of the intervener, whose bid was excluded from the evaluation, was similar to that of the claimant, the intervener had submitted a list of personnel qualifying as key technical staff.
Danıştay
- COURT DECISIONFinancial Disputes12 February 2023
May persons with a stamp duty debt take part in public tenders?
Article 10(4)(d) of the Law draws no distinction as to the type of tax debt that bars participation in a tender. Accordingly, since the claimant, who had a finally established stamp duty debt as at the date of the tender, could not take part in the tender.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
May the technical specification for catering service procurement provide that workers will be engaged following an interview?
Examining the technical specification provision complained of in the light of the legislation and the explanatory communiqué, the provisions in issue were intended to enable the contracting authority, which is responsible for ensuring that the personnel to be employed on the work meet the requirements of the service and the conditions it has laid down, to discharge that responsibility.
İdare Mahkemesi
- COURT DECISIONTender Process Disputes12 February 2023
No line opened in the unit price schedule for intermediate meals in catering service procurement
On examination of the provisions set out above, Article 2 of the administrative specification, which states the quantity and type of the subject matter of the tender, made no reference to intermediate meals or their quantity, and Article 4 of the technical specification, which defines the work and states all meal quantities, likewise contained no reference to intermediate meals or their quantity.
Danıştay
- COURT DECISIONDebarment and Defence12 February 2023
Power to debar: who may take a debarment decision?
The action was brought for the annulment of an act of a university rectorate published in the Official Gazette of 12 September 2004, No 25581, debarring the claimant company from participating in the tenders of public bodies for two years under Article 26 of the Law, on the ground that it had engaged in the acts and conduct listed in Article 25(a), (c) and (f).
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Preparation of the bid envelope and the omission of the contracting authority's name from the envelope
On examination of the case file, in the tender held by open procedure on 14 August 2017 by a provincial directorate of national education for catering and distribution for 2,052 pupils over 180 working days, the claimant company's bid was excluded from the evaluation on the ground that the full address of the contracting authority was not written on the bid envelope.
İdare Mahkemesi
- COURT DECISION4734Tender Process Disputes12 February 2023
Preparing anti-competitive tender documents: setting a document held by only one firm as a qualification requirement
As stated in the reasoning of the defendant Authority's decision, there is nothing to prevent contracting authorities from laying down rules and criteria enabling the subject matter of the tender to be performed. However, in setting those criteria they must remain within the limits drawn by the law and must also ensure that tenders take place in conditions of free competition.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Procuring by direct procurement instead of by a tender procedure
On examination of the case file, proceedings were brought against the claimant, the chief physician of a state hospital, concerning the procurement of a patient identification system and patient identification card services for that hospital.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Purchases above the market rate are treated as loss to the public purse and recovered from public officials
A university department decided to procure toner by direct procurement and met the requirement after a market price survey, but the amount paid was found to exceed the market rate.
Sayıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
Reliability and transparency in the assessment of a demonstration
Under the transparency principle in Article 5 of Public Procurement Law No 4734, headed “Basic principles”, the acts performed by the contracting authority during a procurement procedure must be carried out openly towards tenderers and the public.
İdare Mahkemesi
- COURT DECISIONTender Process Disputes12 February 2023
Requiring a qualification document that restricts competition
In a letter of 20 June 2005 from the certification body that issued the CE certificate endorsed by the Turkish Accreditation Agency, submitted to the case file by the claimant, it was stated that the compact system consisted of a floating table, an integrated tube carrier stand and a high voltage cable.
Danıştay
- COURT DECISIONTender Process Disputes12 February 2023
Requiring that a large part of the machinery and equipment be owned by the tenderer, and competition
In the tender in dispute, although the tender notice and the administrative specification contained no provision on the machinery, equipment and other plant regarded as necessary for the performance of the work as a qualification criterion.
Danıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
Submitting two bids: within which offence does the presence of two bid letters stating amounts in one envelope fall?
The claimant company was excluded from the evaluation under Article 17(b) of Law No 4734 and the debarment decision in dispute was taken against it. Since the submission of a signed bid letter without an amount together with a bid letter stating an amount must be regarded as conduct capable of affecting the award decision and competition.
Danıştay
- COURT DECISION4734Tender Process Disputes12 February 2023
The Constitutional Court has annulled the statutory provisions on severance pay made by public bodies to subcontractors' workers
Under Article 62(1)(e) of Law No 4734, in respect of workers employed by subcontractors, for periods after 11 September 2014 at workplaces belonging to public bodies and under contracts signed after that date.
Anayasa Mahkemesi
- COURT DECISIONTender Process Disputes12 February 2023
The first two pages of the unit price schedule unsigned and unstamped and the last page signed and stamped
Although the procurement legislation contains no definition of it, the unit price schedule, which forms an inseparable part of the unit price bid letter, sets out in detail the amount stated in the bid letter submitted in the tender.
Danıştay