Claim for Reimbursement of Costs in the Procedure for Protection of Rights

//Claim for Reimbursement of Costs in the Procedure for Protection of Rights
Claim for Reimbursement of Costs in the Procedure for Protection of Rights2022-06-22T14:34:46+00:00

Costs of the procedures for protection of rights are expenses incurred during the procedures for protection of rights.

The Republic Commission decides on the costs of the procedures for protection of rights. Decision of the Republic Commission on the costs is enforceable.

Parties to the procedure must specify the costs for which they seek reimbursement.

Where the PoR request is founded, the complainant may exercise the right of having reimbursed the necessary and justifiable expenses of the procedures for protection of rights by the contracting authority.

The eligibility criterion for the Republic Commission to decide on the merits of request for reimbursement of costs and to set the amount, is that the request for reimbursement of costs incurred in the procedure for protection of rights was made during the course of that procedure before the decision on the merits of such request is made by the contracting authority, or by the Republic Commission.

Otherwise, by raising claim for reimbursement of costs after such decision, the complainant is not entitled to compensation, and this is why the request for reimbursement of costs of the procedure, which must precisely specify such costs may only be raised either in the PoR request or in a separate submission, but in any case before the decision is made by the contracting authority, or before the Republic Commission decided on the merits of the PoR request, in order to be eligible for the Republic Commission to decide on its merits.

Where the PoR request is unfounded, the contracting authority may exercise the right of having reimbursed the necessary and justifiable expenses of the procedures for protection of rights by the complainant. Contracting authority may ask for reimbursement of the costs of the procedures for protection of rights up to the moment the Republic Commission decides on merits of the PoR request. Otherwise, contracting authority forfeits the right to reimburse the costs of protection of rights. Contracting authority must precisely specify the costs for which it seeks reimbursement.

The Republic Commission may decide that each party bears its own costs, or to determine the costs in proportion to the endorsed PoR request.