The appeal application of IMM regarding the lease of Haydarpaşa and Sirkeci Station areas by TCDD to be used in cultural and artistic events has been concluded. The Council of State overturned the decision of the Regional Administrative Court and canceled the tender. In the decision, it was emphasized that excluding IMM affiliates from the tender is an application that restricts the competition and violates the equal competition conditions.
The 13th Department of the Council of State has signed a historic decision. The Mayor of Istanbul Metropolitan Municipality (IMM), Ekrem İmamoğlu, found it illegal to eliminate İBB Affiliates from the tender for Haydarpaşa and Sirkeci Station areas, which he called "very spiritual places for Istanbul, belonging to the people of Istanbul".
The Council of State overturned the decision of the Regional Administrative Court and canceled the tender in the tender held by TCDD to lease Haydarpaşa and Sirkeci Station areas for use in cultural and artistic activities.
In the decision; “In the event that IMM offers a bid by a joint venture, the request for a work experience document of 4 million TL by each partner (a total of 16 million TL work experience certificate since the bidding joint venture consists of four companies) is a It was emphasized that it was concluded that there was a regulation.
In the decision of the Council of State; “When the bid submitted by the joint venture of the plaintiff companies was excluded on the grounds that it did not meet this requirement, it was observed that the only valid bid remained and the bid was concluded on a single bid. In this respect, it was stated that there is no legal hit in the decision of the Administrative Court, which is about compliance with the law in the tender subject to the case, and the rejection of the case ”.
In this context,
- TO REVOLVE the decision of the 2577th Administrative Court of Istanbul, dated 49/11/04 and numbered E: 03/2020, K: 2019/2104, in accordance with Article 2020 of the Administrative Trial Procedure Law No. 231,
- CANCELLATION OF THE PROCEDURES SUBJECT TO CASE,
- It was decided that the sum of the first degree and appeal trial expenses be taken from the defendant administration and given to the plaintiffs.
The decision taken with the majority of 17 to 09 votes on 2020/3/2 was taken as final, with no way of correction.
IMM Was Disabled in the Tender
TCDD made a tender for 29 thousand liras on 4 October 2019 in order to rent the idle storage areas of approximately 30 thousand square meters belonging to Haydarpaşa and Sirkeci stations "not to be used in commercial activities". In the tender where four companies took part, the consortium consisting of İBB's affiliate companies Kültür AŞ, İSBAK, Metro İstanbul and Medya AŞ and Hezarfen Consulting Limited Company remained in the final.
The IMM consortium offered 100 thousand TL and Hezarfen Consultancy offered 300 thousand TL per month. The tender commission announced that the parties will be called to negotiate within 15 days. At the end of the 15-day period, the Tender Commission announced that the tender was awarded to this company in return for a rental fee of 350 thousand TL after the bargaining meeting it invited only Hazerfen Consulting Company. This result was faxed to IMM, which was not invited to the negotiation stage.
İBB President Ekrem İmamoğlu made a statement objecting to the result and stated that he will follow the process on behalf of the people of Istanbul to the end, and said that all lawyers from Istanbul can contribute to the objection to be made by the İBB lawyers. Many lawyers supported the case.