The court overturns the disciplinary punishment of an official in the NBS food procurement case
A recent court victory in a case concerning the National Armed Forces’ food supply procurement marks an important outcome for our client.
The client, as a member of the procurement commission, was subjected to disciplinary liability for alleged violations in the work of the procurement commission. By judgment of the Administrative Regional Court, the disciplinary penalty imposed on the client was fully annulled, and the judgment has entered into force.
The court concluded that the client’s duties did not include procurement planning, drafting the technical specifications, or budget planning. The client had no obligation to verify the content of the order or the adequacy of the funding and had no information about the available financing, which was known to other commission officials.
The court found that the grounds for the disciplinary penalty contained no evidence of any violation committed by the client. The judgment recognized that the increase in the procurement contract amount, which did not comply with the Centralized Procurement Plan, did not result from the actions of the procurement commission.
WALLESS work in representing the client was based on a thorough analysis of the regulatory framework and a precise delineation of competences and areas of responsibility, ultimately achieving the protection of the client’s rights. The case was led by WALLESS Partner Sandis Bērtaitis and Senior Associate Mara Bekere.