The TSJ ratifies again the award of the management contract of 7TV to Secuoya

They dismiss Mediapro's appeal against a decision of the Court of Contractual Appeals, which had already rejected the claim

The Superior Court of Justice of Murcia has dismissed the contentious administrative appeal filed by the Mediaproducción SLU against the decision of the Central Court of Contractual Appeals of 13/3/2015.

This resolution rejected the previous appeal filed by the same entity against the order of the Minister of Economy and Finance by which agreed the award of the contract for the indirect management of the public television service of the Region of Murcia.

It is the third time that the Supreme Court has ruled against the appeals filed previously against the aforementioned Court of Contractual Appeals, thus guaranteeing the transparency and legality of the award of the 7TV service to the Secuoya Group.

The plaintiff, Mediaproducción, claimed in his appeal filed in May 2015 that the procurement procedure be declared null and required the public administration to pay the costs.

It alleged in its application the breach of the Administrative Terms and Conditions and the nullity of the technical prescriptions annex "for infringing the principle of free establishment of companies in the territory".

In the first point, the Supreme Court of Justice makes the same consideration that it had already made in issuing judgment in November 2017 in the resources of the commercial Videoreport and GTM, which sought to challenge the same decision of the Court of Contractual Appeals.

In this sense, the three plaintiffs agree in claiming the nullity of Secuoya's offer to include the amount of the compensation for the public service in the economic viability section.

The Court recalls that the Contracting Committee noted that all the bidders had included this forecast of income in their feasibility report and considered "that there was no reason to exclude any of the companies".

On the other hand, Mediapro claimed the nullity of the technical specifications, claiming that it compels the contestants to submit information about their physical locations and headquarters for the provision of the service.

The audiovisual producer argued that this obligation violates the principle of competitive competition and infringes the right of free establishment of companies in the territory.

These allegations "can not be accepted," says the TSJ, since any bidding entity submits to the contest as it has been called and has the opportunity to challenge the bases previously.

Failure to do so "will lack the legitimacy to challenge it later".

With this, there are already three sentences of the Supreme Court that dismiss the appeals lodged against previous resolutions that endorse the legality and transparency of the adjudication process of the public television service of the Region of Murcia.

Source: 7TV / Foto: archivo


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