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In relation to today’s hearing before the Tenders Review Authority (“the Authority”) and in view of the number of publications posted today, we note the following:

1. As is well known, our appeal in connection with the conclusion of a state contract with the German Oncology Centre for the provision of specific medical services was raised for consideration.

2. During today’s hearing we emphasized, through our lawyer, the following:
a. The German Oncology Centre has been assigned with the offer under discussion (worth of approximately €14 million) with the method of direct award through negotiation and without a prior announcement of a public tender, during which our Hospital could have taken part at.
b. Awarding tenders by the method of direct award and without the announcement of a public tender is, in accordance with the relevant principles of European Law, an undesirable practise. The reasons are that this method:
i. Is not transparent.
ii. Does not guarantee a state of healthy competition.
iii. Does not guarantee the most financially advantageous tender for the public.
iv. Does not guarantee the best quality advantageous tender for the public.

3. We have been subjected to unfair in regards to the current matter, when all we have done is to exercise our legal right to appeal to the Authority. The German Oncology Centre will reap significant financial benefits from concluding this agreement with the state and is not entitled to publicly lecture us on ethics.

4. Following our lawyer’s statement, the Ministry of Health’s lawyer proposed that, in consultation with the German Oncology Centre’s representative, an attempt be made to settle the dispute out of court.

5. The hearing before the Authority was therefore terminated and after clarifications regarding the tender and consultation with all parties involved, an out-of-court settlement was finally reached and recorded in the minutes before the Authority. According to the out-of-court settlement, the Ministry of Health has committed itself towards the following:
a. The agreement signed between the Ministry of Health and the German Oncology Centre will expire in one year instead on three as originally planned.
b. After one year’s time, the Ministry of Health will consider the possibility of concluding an agreement with other bidders who are holders of the relevant licensing and who therefore have the opportunity to offer the services in request.

6. Clearly, what happed on the 6th of June 2018 before the Authority, was the out-of-court settlement of the dispute and not the unconditional withdrawal of our appeal. The minutes of today’s hearing are available to any interested party.