D'accord amb el Decree 221/2013, of 3 September, which regulates the Catalan Public Sector Contracts Tribunal and approves its organization and operation, once the appointments of its members have been published, the Catalan Court of Public Sector Contracts. Therefore, in accordance with what is established in the second transitional provision of the same Decree, the ongoing procedures before the Administrative Body of Contractual Resources of Catalonia "must adapt their processing to the provisions of this Decree from the constitution of the Court and all the procedures carried out until that moment will be valid".
Scope of action
The Court exercises its functions in the area of the Administration of the Generalitat of Catalonia, of the entities and bodies that are part of its public sector that have the consideration of adjudicating powers and, where appropriate, of the local administrations integrated in their territory and the entities and bodies of the local administration that have the consideration of awarding powers.
The Court has material jurisdiction over the following acts:
- a) Resolve the special appeals in matters of procurement brought against the related acts in paragraph 2 of article 40 of the revised text of the Public Sector Contracts Law, approved by Royal Legislative Decree 3/2011, of November 14 , when they refer to the types of contracts specified in paragraph 1 of the same article and they are not award procedures that are followed by the emergency procedure of article 113 of the same revised text.
- b) Decide on the adoption of provisional measures requested in the terms established in the above-mentioned revised text, prior to the filing of the special appeal in matters of recruitment.
- c) Resolve issues of nullity based on the special cases of contractual nullity established in article 37 of the revised text of the Public Sector Contracts Law, approved by Royal Legislative Decree 3/2011, of November 14 .
- d) Resolve claims in contract award procedures, provisional measures and the nullity issue referred to in articles 101, 103, 109, 110 and 111 of Law 31/2007, of 30 October, on procurement procedures in the water, energy, transport and postal services sectors.
