CHAPTER IV

FINAL PROVISIONS

Appeal procedure
Article 39
1
In public tender procedures under Chapter II, candidates and tenderers may challenge in writing the ECB’s decision to reject their application or tender within 10 days of receipt of the notification in accordance with Article 34(1) or the first sentence of Article 34(3). The appeal shall include all supporting information and reasoned objections with the exception of any objections which are precluded in accordance with Article 28(2).
2
The appeal shall be addressed by the ECB's Procurement Review Body (PRB). If the PRB considers that the decision to reject the appellant's application or tender infringes this Decision or general principles of procurement law it shall either order that the tender procedure or parts of it are repeated or take a final decision. Otherwise the appeal shall be rejected. The PRB shall notify the appellant in writing of its decision within 1 month following the receipt of the appeal. The decision shall state the reasons on which it is based.
3
The appeal shall have suspensive effect in relation to the award of the contract.
4
If the appeal is rejected, an additional standstill period of at least 10 days prior to the signature of the contract by the ECB if the notification is sent by fax or electronic means, or at least 15 days prior to the signature of the contract if other means of communication are used, shall apply. The PRB shall notify the appellant about the duration of the standstill period.
Substituted by Decision (EU) 2020/380 of the European Central Bank of 18 February 2020 amending Decision (EU) 2016/245 laying down the rules on procurement (ECB/2020/10).
Inserted by Decision (EU) 2020/380 of the European Central Bank of 18 February 2020 amending Decision (EU) 2016/245 laying down the rules on procurement (ECB/2020/10).