Eligibility to Claim of Activities of Public Transport Authorities Within Passenger Services on the Regional Level – Remarks Based on Case II SA/Ke 329/15

Abstract

Prior announcement of intention of public transport authorities in the area of the chosen procedure of awarding PSC (direct or tender) is to ensure that the carriers interested in gaining contracts may act regarding the intentions. In the case of direct award, administrative judgement control may apply as a consequence of promoting transparent, non-discriminatory market procedures. The article describes successive actions undertaken by a public transport authority before contracting. The new-entrant to the market has to bear objective difficulties with defining which particular action of the authority could be claimed. The consequent steps were so complicated that it was hard to find the true intentions of the public transport authority. Keywords: public procurement, public transport authority, judiciary claim