The Administrative Chamber of the High Court, in Decision No. 00-2024-3798(396), dated 03.10.2024, emphasizes that, in accordance with Article 58 of Law No. 49/2012 “On Administrative Courts and the Adjudication of Administrative Disputes,” the decision of the Administrative Court of Appeal was made in violation of procedural norms. This decision was not based on a full and comprehensive investigation, as it did not examine all the evidence and arguments presented by the parties in order to reach a fair decision.
Regarding the issue of public contracts and procurement, the Administrative College highlights that Law No. 9643/2006 “On Public Procurement” establishes strict procedures and criteria that contracting authorities must follow when entering into contracts with economic operators.
The Administrative Chamber of the High Court considers that administrative agreements are formalized written contracts and cannot be created through conclusive actions or the issuance of VAT invoices. When the parties raise claims for the fulfillment of contractual obligations from administrative contracts, the court is obliged to conduct a full and thorough investigation of the administrative contract (the cooperation/partnership contract) to determine which contracting party is entitled to request the fulfillment of this obligation. Procurement administrative contracts must comply with legal provisions for public procurement in order to be lawful and valid. Adherence to form is a requirement for the validity of the contract, and any violation of it leads to the absolute invalidity of the administrative contract.
