OREANDA-NEWS. May 21, 2014. SORAINEN Latvia advised Association Sabiedriba par atklatibu – Delna (Delna), the Latvian branch of the global coalition against corruption, Transparency International, in a pro bono matter concerning Latvian authorities’ plans to purchase speed cameras outside of public procurement procedure boundaries.

On 25 September 2012, the Cabinet of Ministers of Latvia decided to allow the Public Procurement Law to be bypassed if the Ministry of the Interior decided to purchase speed cameras from a German company, Vitronic Dr.-Ing.Stein Bildverarbeitungssysteme GmbH (Vitronic).

Delna intended to file an application with the Constitutional Court and to request that the European Commission (Commission) assess the legality of this decision. To protect the public interest, SORAINEN Latvia provided Delna with pro bono legal advice. Unfortunately, the constitutional application did not gain the necessary support from Parliament members (at least 20). This support was required because such an application cannot be filed directly by a non-governmental organisation under Latvian law.

However, the complaint regarding the possible infringement of public procurement rules by the Latvian authorities was brought to the attention of the Commission. In addition, Delna, in cooperation with SORAINEN, held a press conference informing the media about the alleged non-compliance of the authorities with regard to the so called “security exemption” rule under Directive 2014/18/EC.

The Ministry of the Interior eventually decided not to proceed with the purchase of the speed cameras from Vitronic. Officially the decision not to buy the speed cameras was taken on a financial basis.      
                                                                  
On 8 April 2014, the Commission provided a response to Delna's complaint, having investigated the case. However, since the Latvian authorities had not implemented the project and had not purchased the speed cameras the investigation against Latvia was closed. Nevertheless, the Commission pointed out to the Latvian authorities that Article 14 of Directive 2014/18/EC (“security exemption” rule) should be strictly interpreted. The Commission expressed its intention to continue to monitor future application of this exception by the Latvian authorities.

Partner Agris Repss, senior associate Raivo Raudzeps and associate Andris Taurins consulted the client throughout all stages of this complicated matter.