Decision in the matter of the possibility of the contracting authority to reserve participation in public procurement of contracts to protected workshops

Decision of the Supreme Court of the Slovak Republic in the matter of the possibility of the contracting authority to reserve participation in public procurement of contracts the subject matter of which is construction works to protected workshops

By a petition, we challenged the decision of the Public Procurement Office in which the Public Procurement Office took the view that the contracting authority cannot reserve participation in public procurement of contracts the subject matter of which are construction works to protected workshops. The Supreme Court of the Slovak Republic made a decision on the petition in the appellate proceedings which upheld the petition and in the judgement in case No. 4 Sžf 67/2015 it stated that neither from any legal regulation stipulating the status and activities of the protected workshop/protected workplace nor from any other legal regulation cited by the Office for Public Procurement in the contested decision follows that the construction activities are excluded from the work activities of the protected workshop/protected workplace.