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Clifford Chance
Briefings

Briefings

Strategic procedural tool recognized by the High Court for safeguarding the winning bidders’ position in public procurement tenders and disputes

19 April 2026

A recent binding decision of the Romanian High Court of Cassation and Justice clarifies how successful bidders could defend themselves when another bidder challenges the procurement award

The ruling states that a winning bidder may file a principal voluntary intervention in a pending challenge filed by a lower ranked bidder. 

This could significantly strengthen the winning bidders’ defensive options and reduce the risk of losing the contract without a full review of competing offers, in the event of bids re-evaluation ordered following the initial challenge.

Download the briefing below prepared by our team in Bucharest and explore more about this topic.

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