The case that is concerned in this summary is No 1908/2001 of the Plenary Assembly of the Greek Council of State. In this case the applicants, a third company, challenged in front of the Court, a provision of a Contract between the Greek State and another company, regarding the purchase of four RADAR systems for the needs of the Greek Civil Aviation Agency. The challenged provision was the included “option” of purchasing three additional RADAR systems of a different kind. The applicants claimed that it was not legal to include this “option” in the draft of the original contract, since this “option” had been excluded by the Administrative Aythority, relevant for the enactment of the Contract and by doing so, the Greek State had violated E.U. and domestic law. The legal matters in front of the Council of State where the following :
was the above “option” a part of the original Contract or not and
therefore had the applicants a standing in front of the Court, as a
third part ?
has the “option” a character of an administrative act that can be challenged in front of the Court, or, being a part of the Contract belongs to the jurisdiction of the Court of the Contract ?
Has the State the authority to include “options” in Contracts when those have been explicitly excluded by the administrative authority, responsible for the enactment of the Contract ?