proceedings on appeal [ proceedings in appeal | appeal proceedings | procedure on appeal ]

appeal procedure [ appeal proceedings ]

Consolidated Appeals Process | Consolidated Inter-Agency Appeals Process | CAP [Abbr.]

invitation to bid | ITB [Abbr.]

open call for tenders | open procedure | open tendering procedure

maintain tender processes | oversee tender processes | manage tender processes | supervise tender processes

In these circumstances, it is not surprising that the time needed for tendering and contracting works can increase to 15 months (up to 6 months for services plus up to 9 months for works) from the date of the decision, not taking into account the time needed to draft or review the tender documents nor the time-lag -however reduced it may be- between the ISPA decision and the counter signature by the candidate country nor, in the event, of any time lost by a cancellation of the procurement procedure or of one of its components.

At present, implementation of ISPA is governed by the ex-ante approval of the tendering and contracting of projects: local recipients and final beneficiaries are in the role of Contracting Authority responsible for the project implementation whereas the Commission must endorse each step during the procurement process.

Regarding complainant 3's allegation that, in the context of the tender process in question, Capricorn and the sellers received State aid advice from the same law firm ([.]) and in particular one lawyer of that firm, the Commission notes that, according to the statement of the German authorities, that law firm and its lawyers: (a) did not provide any advice to the sellers of the tender procedure (including the insolvency administrators and the Creditors' Committee); (b) did not have any access to any information contained in the bids of other interested investors; (c) only had access to the information concerning the tender procedure w ...[+++]hich was available in the data room and in the press; and d) did not provide the sellers or the Creditors' Committee with any recommendation.

Regarding the particular lawyer of that law firm, to which complainant 3 has referred in its complaint, Germany has also explained the following: (a) that lawyer worked for the Land from May 2012 until April 2013, i.e. before the initiation of the tender process in June 2013; (b) that lawyer was not in any contact with the Land or the Federal Republic of Germany during the tender process; (c) that lawyer never advised the Land or the sellers in relation to the bidding process; and (d) the same lawyer only participated as an independent expert in the hearing of the Land's parliament on 20 June 2013 concerning the law for the public acc ...[+++]ess to the Nürburgring racetrack.