S.L. 601.3 Art. 283Appeal from adecision cancelling a contract.

(1) When the Director issues a decision cancelling a contract or an agreement according to regulation 261(7) he has to deliver this decision to the contractor affected by the cancellation.

The contractor shall have ten days from the notification of this decision to file a motivated objection before of the Review Board.

(2) This objection is valid only if accompanied by a deposit of four hundred euro (€400), which deposit can be forfeited or may be refunded in whole or in part according to the decision taken by the Review Board in its decision.

(3) The Secretary of the Review Board shall immediately notify the Director that an objection had been filed with his authority, thereby immediately suspending the decision cancelling the contract.

(4) The filed objection shall be affixed to the notice-board of the Review Board.

(5) The Director has the right to file a written reply to the objection within ten days from the date he is notified with a copy of the objection, which reply is also to be affixed on the notice board of the Review Board.

(6) The secretary of the Review Board shall inform all interested parties of the date or dates, as the case may be, when the objection will be heard.

(7) When the oral hearing is concluded, the Public Contracts Review Board, if it does not deliver the decision on the same day, shall reserve decision for the earliest possible date to be fixed for the purpose, but not later than six weeks from the day of the oral hearing:

Provided that for serious and justified reasons expressed in writing by means of an order notified to all the parties, the Review Board may postpone the judgment for a later period.

(8) The Secretary of the Review Board shall keep a record of the grounds of each adjournment and of everything done in each sitting.

(9) After evaluating all the evidence and after considering all submissions put forward by the parties, the Review Board shall decide whether to accede, reject the appeal on the cancellation of the contract.

(10) Any decision taken in terms of this regulation is subject to an appeal before the Court of Appeal according to the time-frames and obligations established under these regulations.

Court of Appeal