The right of appeal shall lie with any economic operator who has, or has had, a legitimate interest in obtaining a particular public contract and who has suffered or may be harmed by an alleged infringement of subjective rights.
Both the central state administration body responsible for public procurement policy and the competent public prosecutor’s office have the right to appeal.
The appeal shall be made to the State Commission for the Control of Public Procurement Procedures, Koturaška cesta 43/IV, 10 000 Zagreb, in writing.
The complaint shall be submitted directly, via an authorised postal service provider or by electronic means of communication via the interconnected information systems of the State Commission and the EOJN RH.
The appellant is obliged to send a copy of the appeal to the Client within the time limit for appeal.
Where the complaint is addressed through an authorised postal service provider, the date of submission to the authorised postal service provider shall be deemed to be the date of submission to the State Commission or the Client.
An appeal which has not been served on the Client within the time limit for lodging an appeal shall be deemed to be out of time.
The appeal shall be made within 10 days of:
The publication of a contract notice, in relation to the content of the invitation to tender or of the procurement documents;
The publication of a notice of rectification, in relation to the content of the corrigendum;
The publication of an amendment to the procurement documents, in relation to the content of the amendment to the documents;
The opening of tenders in relation to the failure of the Contracting Authority to respond properly to a request for additional information, explanations or amendments to the procurement documents submitted in due time and to the procedure for opening tenders;
The receipt of the award or cancellation decision, in respect of the examination, evaluation and selection procedure, or the reasons for annulment;
An appellant who has failed to lodge a complaint at a certain stage of an open tendering procedure does not have the right to appeal at a later stage of the procedure for the preliminary stage.
The appeal shall contain the information set out in Article 420(1). Public Procurement Act (Narodne novine (NN; Official Gazette of the Republic of Croatia) No 120/16).