Pretenţii rezultate dintr-un contract încheiat între doi profesionişti, subsecvent încheierii unui contract de achiziţie publică. Natura juridică a litigiului. Calea de atac prevăzută de lege. Recurs inadmisibil

Claims arising out of a contract concluded between two professionals, subsequent to the conclusion of a public procurement contract. Legal nature of the dispute. Remedy set forth by law. Second appeal inadmissible

Abstract

Given that the contract is concluded between two professionals, within the meaning of Art. 3 of the Civil Code, we are dealing with a dispute between professionals.

The fact that the conclusion of the contract is subsequent to the conclusion of the public procurement contract does not impose upon the former the nature of a public procurement contract.

The lawmaker provided, as part of the public procurement contract, one or several contracting authorities.

If neither party to the contract has the capacity of contracting authority within the meaning of G.E.O. no....