Market announcement

Title

On 2 November 2009, the Tallinn Administrative Court asserted once more the right of Merko Ehitus to rely on the pre-division references when tendering for public procurements.

Message

In its rulings of 20 October 2009 and 2 November 2009, the Tallinn
Administrative Court unambiguously asserted again that Merko Ehitus can quote
the pre-division turnover information and references when submitting tenders to
public procurements. The Court finds that the division plan of Merko Ehitus
clearly shows that the new (post-division) Merko Ehitus still has the required
expertise for the construction of both procurement objects under dispute. 

The Court also repeated the view taken in previous rulings, stating that it is
wrong to interpret the requirements for tenderers from a purely grammatical
point of view, without giving any consideration to the purpose of the
qualification requirements. It is important to assess the actual economic
capacity of the new (post-division) company; and in case of Merko Ehitus, there
is no doubt that the company has the required capacity. 
 
An appeal against the ruling of the Tallinn Administrative Court can be filed
with the Circuit Court within 30 days. 

Alar Lagus
Member of Management Board
+372 6 805 109
[email protected]