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Kerstin Holzinger on Tyrolean PCR test scandal

Kerstin Holzinger commented on the directly awarded, eight-million-euro contract between the Federal State of Tyrol and HG Labtruck in the daily newspaper Der Standard.

A direct award of the Federal State of Tyrol to a specific company is only permissible if the order value is below EUR 100,000. If this limit is exceeded, the contract must generally be put out to tender. However, there is an exception due to reasons of urgency. Accordingly, direct awards are allowed in emergency situations, even if the limit of EUR 100,000 is exceeded.

Invoking reasons of extreme urgency as a justification for a direct award is basically permissible, but not easy to justify in the present case since it has been more than a year since the corona crisis began and it is now known that PCR tests are available on the market and useful. It is ultimately up to the courts to decide whether such an emergency situation existed as a result of urgency.

You can read the entire article here, and in the middle of the article you will also find an exciting topic-of-the-day podcast “The Tyrolean corona test scandal, explained”.


5. May 2021

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