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What Is an Enforcement Prohibition (Täytäntöönpanokielto, Finland)?
This is a Finnish procurement term. An order from the Market Court that can stop the contracting authority proceeding with the procurement while an appeal is being handled.
When does the Market Court issue one?
On request, when there is a risk that the authority will sign or start performing the contract before the appeal has been decided, which would make the appeal pointless.
Can it be lifted?
Yes. The authority can ask the court to permit the procurement to proceed, for example where a delay would cause disproportionate harm to the public interest. The court weighs that against the appellant's interest.
What does it mean for the winning bidder?
The contract start is postponed until the case is decided, which can take months. It is worth allowing for that when planning resources after an award.
