Market announcement
AS MERKO EHITUS
Category
Other price sensitive information
Date
04.11.2009 11:15:00
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 alar.lagus@merko.ee