Zachariades George P Ltd ν. The Republic of Cyprus through the Department of Water Development and Another (1987) 3 CLR 68 THE CYPRUS LAW REPORTS ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμ

Article 146of the Constitution.

As it appears from the material before me a Ministerial Committee decided on the 9th December 1986 to accept the proposal of respondent 2, who is the Chairman of the Tender Board, to award the contract in question to the interested party. This decision was communicated to the interested party by means of a letter of respondent 1 dated the 17th December 1986. It is common ground that such contract has not yet been finally executed. It is, also, not disputed that the process leading up to the award of the relevant contract to the interested party is a composite administrative action in the realm of public law, but that any action- which is to be taken after the execution of the contract would be in the realm of private law. What is in dispute is whether the steps to be taken after the award of the contract and leading up to its execution are within the realm of private law or are a. continuation of the aforementioned composite administrative action and are, therefore, within the realm of public law. In the light of case-law such as Medcon Construction. v. The Republic,

Article 146of the Constitution.

I am reinforced in this view by the decisions of the Council of State in Greece in cases No.1265/1964 and 1296/1965; and it is to be observed, in relation to the reference in the decision of the Council of State in Greece in case 1265/1964 to Articles 83 and 86 of the Greek Constitution of 1952, that the jurisdiction of the Council of State under Article 83(c) of the Greek Constitution of 1952 (to which corresponds Article 95

Article 146

of our Constitution, whereas this Court does not possess the jurisdiction to deal with the substance of an administrative dispute as envisaged by Article 86 of the Greek Constitution of 1952 (to which corresponds Article 94 of the Greek Constitution of 1975): I am, therefore, of the opinion that the matters to which the application for a provisional order relates are outside the ambit of the

Article 146and for this reason the application for a provisional order has to be dismissed.

In concluding I should observe that the issue of the validity of the tender of the interested party, as well as the issue of whether or not there was actually reached a final agreement as between the Government and the interested party in respect of such tender, are issues which are not relevant to the matters in relation to which the provisional order has been sought, but they might be found to be relevant to the validity of the decision to award the contract to the interested party, which is challenged by means of the present recourse and which is within the domain of public law. I shall not make any order as to the costs of the present application for a provisional order. Application for provisional order dismissed. No order as costs. cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο