Yuliia Loshakova
Head of court and contractual practice, Junior partner

DISPUTE ON COMPETITION LEGITIMACY

SITUATION

Dispute on the recognition of the competition results to determine operators of the paid parking area illegal. A participant in this competition, which was held by the transport department of the city council, applied to the commercial court with a claim to invalidate the competition results. He motivated the claim by the illegality of the tender documentation requirements on the participant’s availability of parking meters, as well as the absence of a price criterion of the evaluation in the tender documentation. The client, who won the specified competition, applied to Attorney Group LEGAL CORPORATION.

DECISION

The attorney formed and proved the legal position, according to which any tender documentation provides as one of the criteria for competitive bids, namely the provision of the participant with a material and technical base. And according to the local parking rules requirements, paid parking area must be equipped with parking meters. And in this very case, the participants did not have to submit any pricing proposals, since services tariff provision for the paid parking areas maintenance doesn’t established individually by a single operator. It is calculated under the procedure for setting services tariffs and set by the executive committee of the city council.

RESULT

The position of the attorney was taken as the basis of the court decision, on the basis of which the claim against the Client was dismissed in full.