CHAPTER IV

FINAL PROVISIONS

Cancellation of tender procedures
Article 38
1
The ECB may cancel a tender procedure at any time before the contract is signed without the candidates or tenderers being entitled to any compensation.
2
The ECB's decision to cancel shall comply with the general principles set out in Article 3(1).
3
The ECB shall substantiate the decision and bring it to the attention of the candidates or tenderers.

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 15 days of receipt of the information specified in Article 34(3) or, if no information is requested, within 15 days of receipt of notification in accordance with Article 34(1). The appeal shall include all supporting information and reasoned objections.
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 not have suspensive effect. If deemed appropriate, the PRB may suspend the procurement procedure or the award of the contract.

Jurisdiction
Article 40
The Court of Justice of the European Union shall have exclusive jurisdiction in any dispute between the ECB and a supplier relating to this Decision or a specific procurement procedure. If an appeal procedure is available under Article 39, the appellant shall await the ECB's decision on the appeal before bringing the matter to the Court of Justice. The time limits set out in the Treaty on the Functioning of the European Union shall begin to run from receipt of the appeal decision by the supplier.

Entry into force
Article 41
1
This Decision shall enter into force on 15 April 2016 and shall repeal and replace Decision ECB/2007/5.
2
Tender procedures that were started before the entry into force of this Decision shall be completed in accordance with Decision ECB/2007/5. For the purpose of this provision a tender procedure is deemed to be started on the day on which the contract notice was sent to the Official Journal or, in cases where no such notice is required, on the day when the ECB invited one or more suppliers to submit a tender or a proposal.
3
References to the repealed Decision shall be construed as references to this Decision and be read in accordance with the correlation table set out in Annex II.
Substituted by Decision (EU) 2016/956 of the European Central Bank of 7 June 2016 amending Decision (EU) 2016/245 (ECB/2016/2) laying down the rules on procurement (ECB/2016/17).