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INSTRUCTIONS ON REQUESTS FOR

CORRECTION AND APPEAL
1 General

Review of the decision on public contract or other decision made during the award
procedure may be sought by requesting correction from the contracting entity in
accordance with the Act on Public Contracts. In those cases where the value of the
contract exceeds the threshold amount1 set out in section 15 of the Act, appeal
may also be made to the Market Court.

2 Instructions on requests for correction

A person who is dissatisfied with the decision of the contracting entity or other de-
cision made during the contract award procedure may submit a request for correc-
tion to the contracting entity, pursuant to sections 80 to 83 of the Act on Public
Contracts. The request may be made in writing by a tenderer or a candidate, i.e. by
a person whom the decision concerns or whose right, obligation or interest is di-
rectly affected by the decision (a party).

A party must request correction within 14 days from the date on which that party
has been informed of the decision of the contracting entity or other decision made
during the contract award procedure.

If electronic means of communication are used, the recipient is deemed to have

been informed of the decision and its attachments on the date on which the elec-
tronic message containing them is available to the recipient on the device for elec-
tronic receipt so that the message can be processed. Such a date is considered to
be the date on which the message has been sent unless reliable evidence is pre-
sented on an error in electronic communication connections or other comparable
factor because of which the electronic message has been delivered to the recipient
later.

If the decision is communicated to the recipient by mail, the recipient is deemed to

have been informed of the decision on the seventh day after it has been sent
unless later communication is proved. In case counter-signature is used to prove
1 1
National threshold amounts are:
- EUR 30 000 for public supply and service contracts
- EUR 100 000 for public health and social welfare service contracts
EUR 150 000 for public works contracts and concessions

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communication, the decision is deemed to have been communicated on the date

indicated in the counter-signature or in a separate acknowledgment of receipt.

2.1 Content of the request for correction

The request for correction must indicate the claims and their reasons. The request
must also indicate the name of the party requesting correction and the necessary
contact details.

The request for correction must be accompanied by the documents invoked by the
party requesting correction unless they are already in the possession of the con-
tracting entity.

2.2 Address for the submission of request for correction

The request for correction is submitted to Aalto University:

Aalto University
P.O. Box 11000, FI-00076, AALTO, FINLAND
Street address: Otakaari 1, Espoo, Finland
E-mail: kirjaamo@aalto.fi

A pending request for correction and its processing do not affect the time limit for
appeal to the Market Court under the Act on Public Contracts.

3 Instructions on appeal to the Market Court

A tenderer, a candidate or another interested party may refer the case to the Mar-
ket Court by means of appeal.

Under section 86 of the Act on Public Contracts, in cases where the public contract
is based on a framework agreement, appeal may not be made unless the Market
Court grants leave to appeal. Leave to appeal shall be granted if:

1 the consideration of the case is important for the application of law

in other similar cases; or
2 there is an important reason relating to the conduct of the con-
tracting entity, justifying leave to appeal.

Unless otherwise provided, appeal must be made in writing within 14 days from the
date on which the party has been informed of the decision on the award of public
contract, accompanied by the appeal instructions.

In case the contracting entity has awarded the public contract under section 78(1)
of the Act on Public Contracts without a standstill period, the appeal must be made
within 30 days from the date on which the party has been informed of the decision.

Where a candidate or a tenderer has been informed of the decision accompanied

by the appeal instructions and the decision or the instructions were essentially defi-
cient, the appeal must be made within six months from the date of the decision.

If electronic means of communication are used, the recipient is deemed to have

been informed of the decision and its attachments on the date on which the elec-
tronic message containing them is available to the recipient on the device for elec-

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tronic receipt so that the message can be processed. Such a date is considered to
be the date on which the message has been sent unless reliable evidence is pre-
sented on an error in electronic communication connections or other comparable
factor because of which the electronic message has been delivered to the recipient
later.

If the decision is communicated to the recipient by mail, the recipient is deemed to

have been informed of the decision on the seventh day after it has been sent
unless later communication is proved. In case counter-signature is used to prove
communication, the decision is deemed to have been communicated on the date
indicated in the counter-signature or in a separate acknowledgment of receipt.

3.1 Content of appeal

The appeal document must indicate the public contract subject to appeal as well as
the appellant’s claims and their reasons. In case the public contract is based on a
framework agreement, the appeal document must indicate the reasons for which
leave to appeal should be granted.

The appeal document must indicate the appellant’s name and municipality of resi-
dence. If the appellant is represented by a legal representative or counsel, or if the
appeal has been prepared by another person, his/her name and municipality of
residence must also be given. In addition, the address and telephone number for
the communication of information to the appellant must be given. The appeal
document must be signed by the appellant, legal representative or counsel.

The appeal document must be accompanied by the original decision or a copy of

the decision subject to appeal, as well as by evidence of the date on which the
party has been informed of the decision or other evidence determining the date
from which the time limit for appeal is counted. The documents invoked by the ap-
pellant in support of appeal must be attached to the appeal document. A counsel
must attach a letter of attorney as provided for in section 21 of the Administrative
Judicial Procedure Act.

3.2 Submission of appeal

The appeal must be submitted to the Market Court. The Market Court must receive
the appeal by the date on which the period of time for the submission of appeal ex-
pires, within the office hours of the Market Court. The date on which the party has
been informed of the decision is not counted.

The appeal document may be delivered to the registry of the Market Court in per-
son, by a counsel, by a messenger or by mail, by fax, or by e-mail as provided for
in the Act on Electronic Services and Communication in the Public Sector
(13/2003). If the last day for the submission of appeal is a bank holiday, the Inde-
pendence Day (6 December), the First of May, Christmas Eve, Midsummer Eve or
a Saturday, the documents may be delivered to the Market Court on the first week-
day following that day.

3.3 Prohibition of appeal

According to section 102 of the Public Contracts Act, review cannot be sought un-
der the Local Government Act or the Administrative Judicial Procedure Act in cases
falling within the competence of the Market Court.

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Under section 86 of the Public Contracts Act, in cases where the public contract is
based on a framework agreement, appeal may not be made unless the Market
Court grants leave to appeal.

3.4 Notifying the contracting entity of referral

Under section 88 of the Public Contracts Act, the party seeking review of a decision
awarding a public contract must notify the contracting entity of the referral of the
case to the Market Court. The notification must be communicated to the contracting
entity by the date on which the appeal is submitted to the Market Court. The notifi-
cation must be sent to the address of the contracting entity as indicated in part I
above.

3.5 Address and other contact details of the Market Court

Market Court
P.O. Box 118, 00131 HELSINKI, FINLAND
Street address: Erottajankatu 1-3
Tel: +358 (0)29 564 3300
Fax: +358 (0)29 564 3314
E-mail: markkinaoikeus@oikeus.fi

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