Administrative sanctioning procedure in public procurement case. Estudio Olaechea advised Draeger on an administrative sanctioning procedure initiated by the Peruvian Public Procurement Court, in which the client was mistakenly accused of allegedly submitting inaccurate or false information regarding the key personnel proposed in the context of a public tender called by the Peruvian government.
Strategic approach to avoid state contracting disqualification: This could have resulted in a sanction imposing a temporary disqualification from contracting with the State for approximately one year. As a complex case, it required a robust legal strategy based on demonstrating that, while there may have been errors in certain submitted documents, the client would not derive any benefit from presenting such information within the framework of the tender process.
Validation of document consistency in public procurement: Furthermore, no inconsistencies were found in the documents that should be considered false information. The arguments were supported by interpretations of the Public Procurement Law and its regulations, as well as various rulings issued by the Public Procurement Court in previous decisions.
Successful legal defence leading to favourable decision: With our assistance, our client obtained a favourable decision. The Court fully accepted the defence arguments presented and dismissed any sanctions against the client, which was not penalised within the framework of the proceedings.
Global leader in medical and safety technology: Draeger manufactures medical and safety technology products. Founded in Lübeck in 1889, Draeger has grown into a worldwide, listed enterprise in its fifth generation as a family-run business. Draeger has more than 16,000 employees worldwide and is present in over 190 countries around the globe.
Latest development: With our assistance, the court ruled in favour of the client.
