13.07.2014 – The law firm “Spilios Spiliopoulos & Associates” is acting on behalf of and representing the public limited company PANERGON SA in a preliminary appeal filed against it by bidders in the context of its participation in a public tender by the Greek Police.
Panergon SA, a member of the Sfakianakis Group of Companies and exclusive representative of DAF Trucks products in the Greek market, among others, has been operating in Greece for decades, offering comprehensive pre- and after-sales services for DAF trucks, Temsa buses, and agricultural machinery from Italian manufacturers Landini, Valpadana, Gallignani, etc. During the hearing of the appeal, the Office demonstrated, among other things, that the award decision of the Administration was sufficiently and specifically reasoned. In particular, the Court accepted that the reasoning behind an individual administrative act may consist, on the one hand, of a statement of the rules of law governing its issuance and their interpretation, and, on the other hand, in the factual or legal circumstances and the criteria on the basis of which the Administration reached its judgment and decision. The specific reasoning may be derived from opinions of bodies that have advisory powers under the law and, therefore, the decision-making body, if it adopts the relevant opinion, makes it part of the reasoning for the final act.
The substantive assessment and evaluation of the actual data form the basis on which the administrative body reaches its conclusion.
Therefore, the “core” of the reasoning behind an administrative act consists of presenting the administrative body’s evaluative considerations regarding the factual material gathered that supports the solution provided. The presentation of the administrative body’s considerations, either in the body of the act itself or in the accompanying documents, allows the interested party to know how the administrative body assessed the information in the file and the evaluation it carried out, and therefore the administrative act in question is considered to be specific and sufficiently documented.
