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clients. The manufacturer or representative of the XY product has only aformal right to submit a complaint to the State Commission for AuditingPublic Tender Procedures (DKOM). The manufacturer or representativeof the XY product can note in the complaint that the client acts with theaim of accommodating and favouring a particular manufacturer, sincein the technical specifications the client has used minimum or maximumvalues, but exactly in the measure that satisfies only one of the productmodels agreed in advance. The client will be invited to make a statementregarding the complaint, where it will be deemed that he is authorisedto impose conditions for public tendering as he sees fit.More specifically, the manufacturer or representative, in theExtract from the Registry of Commercial Court, does not have a businessactivity registered for undertaking leasing activities, and thereforecannot submit a bid and cannot demonstrate that it has a direct legalinterest. In today’s practice, there are numerous cases where theDKOM would reject such complaints, assessing that the complainee isnot registered for undertaking the subject of the tender, and thereby notproving a direct legal interest in acquiring the public tender contract,and that the complainee could not have borne damages arising from abreach of subjective rights.PUBLIC TENDERSAccording to the instructions issued by DKOM, the complaintshould be submitted upon disclosure of the public tender procedurewhich the tenderer considers is not in accordance with the provisions ofthe Public Procurement Act. Therefore, we hope that at this moment thiswould open the possibility of DKOM changing its above written stanceconcerning rejection of the complaint, in relation to the procurement ofgoods through leasing arrangements, should the complaint be submittedduring the disclosure phase of the tender documentation. Attentionshould be given to the fact that this mainly involves smaller procurementvalues (high European thresholds for values that determine small andlarge procurement values) for which the appeal period is only five (5)days from the date of publication, in relation to the data and action arisingfrom the tender, and within that short period an attempt should bemade to integrate the technical specifications required, and often withinthis short period it is necessary to prepare a quality complaint, with thecomplete burden assumed by the complainee.Therefore, we would like to openly pose a question: wouldthere not be a greater transparency to implement this type of tenderthrough two stages:1. Procurement of the required financial resources2. Procurement of the product XYNaturally, this would require amendments to the Public ProcurementAct.2/2012 ISSUE 17