Filenews 25 August 2025 - by Vasos Vassiliou
The Paphos – Polis Chrysochous road is back in the fridge until further notice, after the issuance of "temporary measures" by the Tender Review Authority, which approved a relevant request by the company "AKTOR GROUP OF COMPANIES". AKTOR had requested (and succeeded) in suspending the decision of the Department of Public Works to sign a contract concerning the "Completion of the Design and Construction of the Paphos – Polis Chrysochous Motorway Section 1 – Phase (A)".
This is the contract that the government had terminated, considering that the contractor could not fulfil his duties. Following the complaint, the government had initiated the procedures for the re-announcement of the project, so that its implementation would be possible. At this point, the company AKTOR intervened, securing a decision that blocks the new procedure. It is recalled that the company AKTOR had won the tender for the construction of the road but then the state terminated the contract.
AKTOR filed a complaint with the Tender Review Authority denouncing the terms of the re-announcement of the Tender (disagreeing with their provisions), which were published in the Official Gazette of the Republic of Cyprus on 08/08/2025. Alternatively, with its appeal, it requested the "amendment or supplementation of the terms of the Tender in order to safeguard the fundamental principles of Administrative Law, such as transparency, equal treatment and healthy competition".
The object of the Tender concerns the completion of the design and construction of the Paphos – Polis Chrysochous Motorway Project, Section 1 – Phase (A) which was not completed, due to the termination of the relevant Contract.
With their appeal, the applicants also requested the issuance of interim measures, a request to which Public Works objected.
AKTOR's objection concerned technical, economic and financial specifications. The company also argued that "the importance of taking interim measures lies in ensuring that the legality of the contested decision is checked and that public money is not wasted."
He also claimed that "the tender process is at its initial stage and in view of the short period of time required for the adjudication of the appeal, there will be no delay in the tender process and neither will the public interest be endangered".
He further suggested that "if the tender process proceeds with the illegal terms that have already been pointed out, there is a serious possibility that the project will be awarded to contractors under conditions that will subsequently be deemed illegal or voidable".
The applicants (AKTOR) stressed, moreover, that without the delivery – receipt of the existing project, a new award procedure cannot proceed, due to the vagueness of the object of the announced Contract".
AKTOR also stressed the need for "the Contracting Authority to obtain environmental approval from the Environmental Authority, which did not do so in the present case, before the start of any works".
For her part, the Contracting Authority's lawyer pointed out the "negative consequences that will arise from the issuance of the interim measures relating to this early stage, which, in her opinion, will outweigh their benefits, depending on the public interest that leans in favour of the Contracting Authority".
He also clarified that "he does not object to the issuance of the requested provisional measures, provided that he is not prevented but to continue the process of announcing the Tender".
At the same time, the Department of Public Works argued that the Applicants have not proved that they have a legitimate interest in registering the Appeal and in particular they have not proved that their interests may be harmed by the possibility of not taking interim measures from the stage of the notice.
The decision of the Tender Review Authority also records the following:
"In the present case, we have no doubt, on the basis of the data before us, as to the importance of the object of the present Tender, which is the completion of the construction of the Paphos – Polis Chrysochous Motorway.
After taking into account the possible consequences of the interim measures for all the interests that may be damaged, especially the public interest and the need to complete the Tender in a short period of time, we are of the opinion that the balance should tip in favour of the Applicants, but without neglecting the interests of the Contracting Authority".
Bearing in mind the facts of the case and taking into account in particular the public interest, in connection with the suggestions of both sides, we decide to grant the temporary measures to suspend the award procedure or the execution of the decision of the Contracting Authority or the signing of the Contract in relation to the Tender No. CSF/12/2025/MC(A) and title "Completion of the Design and Construction of the Paphos – Polis Chrysochous Motorway Section 1 – Phase (A)" without any restrictions.
The Revision Authority requested that "the Fact Report", the "Written Statement of the Applicants" and the "Written Statement of the Contracting Authority be submitted before it by 03/10/2025. Upon completion of the submission of the above documents, the Tender Review Authority will appoint the Appeal for a hearing as soon as possible and will inform both sides accordingly.
It is noted that on August 6, the Council of Ministers approved the call for tenders for the implementation of the first phase of the Polis Chrysochous-Paphos motorway.
The government terminated the contract on November 11, 2024.
