The Spanish Supreme Court upholds suspending the start of proceedings to determine the scope and duration of public procurement bans on grounds of competition offences (Transporte Escolar Murcia)

The Spanish Supreme Court (SC) has delivered a judgment [1] in which it confirmed that courts are able to issue injunctive relief to temporarily prevent decisions on penalties rendered by the National Markets and Competition Commission (the Comisión Nacional de los Mercados y la Competencia, or CNMC) from being sent to the State Consultative Board on Public Procurement (Junta Consultiva de Contratación Pública del Estado) for that body to start a procedure to determine the scope and duration of public procurement bans when the court has decided to suspend the penalty to which the ban is linked (the Judgment). The Supreme Court Judgment The Judgment dismissed the cassation appeals lodged by the State Attorney's Office on behalf of the CNMC against the orders of the Sixth Section of the

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Henar González Durántez, Javier Guillén, Pilar Carrasco, The Spanish Supreme Court upholds suspending the start of proceedings to determine the scope and duration of public procurement bans on grounds of competition offences (Transporte Escolar Murcia), 14 September 2021, e-Competitions September 2021, Art. N° 102787

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