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What Is an Appeal (Muutoksenhaku, Finland)?
This is a Finnish procurement term. A supplier's right to seek a review of a procurement decision by appealing to the Market Court.
Who can appeal a procurement decision?
Any party whose rights the decision concerns — in practice a bidder, a candidate, or a supplier that was unlawfully denied the chance to take part. The Finnish Competition and Consumer Authority can also bring certain unlawful direct awards before the Market Court.
What can the Market Court do if an appeal succeeds?
It can cancel the decision in whole or in part, prohibit the authority from applying an incorrect clause, order the authority to correct its error, or impose a compensation fee. For unlawful direct awards it can also declare the contract ineffective, shorten it or impose a sanction fee.
Does an appeal stop the procurement?
Not automatically, but the contract generally cannot be signed while the case is pending above the EU thresholds. The Market Court can also issue an enforcement prohibition to stop the authority from proceeding.
