KSB prevails in administrative proceedings before the Antimonopoly Office

KSB took the view that one of the technical qualification criteria stipulated by the contracting authority pursuant to the tender gave rise to illegal indirect discrimination and, therefore, filed an application with the Office for a review of the contracting authority’s conduct.

The Office issued a decision on 28 March 2011 stating that the contracting authority had acted illegally in tendering the relevant public contract, since the relevant technical qualification criterion was not proportionate to the type, scope and complexity of the subject matter of the public contract. The Office therefore cancelled the tender.

The City of Havířov filed an appeal against the above-mentioned decision of the Office requesting that the chairman of the Office cancel such decision and either terminate the administrative proceedings or return the matter to the Office for consideration. The chairman of the Office in his decision on the appeal ruled, however, that the Office had decided the matter correctly and lawfully in the first instance proceedings and, as such, fully confirmed the decision of the Office and dismissed the contracting authority’s appeal. The decision of the chairman of the Office is final and may not be appealed.