News
June 28th, 2024
Court of Appeals sets jurisprudential trend by ordering to modify a common practice of the Public Procurement Tribunal
.SHAREThe Santiago Court of Appeals upheld the extraordinary appeal filed by Saludable SpA, against three judges of the Public Procurement Tribunal, ruling to annul the decision that did not grant the claim filed by the company and ordering the Public Procurement Tribunal to hear all the allegations of the challenge action and resolve them in the final judgment.
The complaint was filed by BSVV on behalf of Saludable SpA, after the Public Procurement Court declared inadmissible as untimely, accepting arguments on the merits, the claim brought by Saludable SpA against the National Board of School Aid and Scholarships ("JUNAEB") on the grounds of the arbitrariness of one of the evaluation factors of a public tender to provide daily food rations.
This judgment of the Court of Appeals marks a jurisprudential trend that would change a common practice of the Public Procurement Tribunal to date, since it establishes that all the allegations of the parties that refer to the merits, in the challenge procedure regulated in articles 24 and following of Law 19.886, must be resolved in the final judgment. The above, given that the aforementioned law only allows the final judgement to be challenged, so that, if any allegation is resolved in a previous procedural stage, this decision would be left without the possibility of review and amendment by the High Court, which is in conflict with the guarantee of due process, generating defencelessness.
Finally, given the ruling that upheld the complaint, the court must now continue to hear the case but with judges who are not disqualified.
Case no. 914-2024, of the Court of Appeals of Santiago.
