When does a ban on contracting through the Public Administration come into force?
21/11/2022
When does a ban on contracting through the Public Administration come into force?
En los medios
Inés Salvans Marsal and Carla Bueno Cortada, lawyers from Lener's Public Law, Environment and Competition Division, have written an article published in Economist & Jurist on Supreme Court ruling No. 368/2022, dated 23 March, which determines, amongst other issues, when a ban on contracting through the Public Administration will come into force.
In this ruling, the High Court considers that, in accordance with article 73.3 of the Law on Public Sector Contracts (LCSP), the prohibition of contracting is only enforceable when the scope and duration of the measure is determined, meaning that, before this moment, the prohibition does not entail its provisions.
Thus, the authors point out that “the Supreme Court has established that the date on which the decision delimiting the scope and duration of the prohibition to contract has become binding is the determining factor for the purpose of identifying at what point the prohibition has become enforceable and its provisions are thus legally applicable.”
Access the full article, here.
