News

The VILGERTS’ team has assisted represented SIA “Biļešu paradīze” (“BP”), in successfully appealing a public procurement decision of the Procurement Monitoring Bureau (“PMB”), concerning an open tender that was terminated by the contracting authority immediately after the opening for the submission of the tender bids.

On 5 February 2026, the Administrative District Court (“ADC”) ruled to fully uphold BP’s appeal and declared the contracting authority’s (VSIA “Mihaila Čehova Rīgas Krievu teātris”) actions during the tender process (dated, 4 October 2024) to be unlawful in accordance with the applicable provisions of the Public Procurement Law.

The ADC concluded the contracting authority’s submitted reasons for the need to apply “substantial amendments” to the tender, that was immediately terminated after the receipt of the submission of the tender bids, were neither objective nor proportionate.

According to the ADC, a tenderer’s offer that has been disclosed to the contracting authority, immediate termination of the tender by the contracting authority created a significant risk to effective competition.

At the same time, the ADC upheld the PMB had unjustifiably dismissed BP’s initial appeal on the matter.

As a result, the ADC ordered the contracting authority to compensate the client for damages (lost profits) in the amount of EUR 17,610.53.

The judgment is subject to appeal (on points of law only) before the Supreme Court, should the contracting authority decide to do so.

The VILGERTS’ team underlines this judgment may be of relevance in other similar situations when assessing the justification for terminating a procurement procedure, especially immediately after the opening for the submission of the tender bids.