Legal Updates

‎‎‎‎‎‎‎‎A public body is obligated to equality when purchasing services even if it is not subject to a duty of public tender

November 13, 2017

A local newspaper moved the Court to order a municipal company to publish equally in local newspapers and contended that the reason for the municipal company avoiding publishing in it is criticism in the newspaper on such municipal company.

The Court held that the tender obligation does not apply to municipal companies because regulations to that end are yet to be promulgated, but pursuant to a procedure of the Ministry of the Interior, the laws of tenders also apply to municipal corporations. In any case, a public entity must act fairly, equitably, impartially and not arbitrarily, even if it does not have a duty to apply a tender. A public figure may not punish an entity that criticized it, without approaching first to the Court, if grounds exist and therefore, the municipal company is obligated to allocate its advertising resources equally, including to newspapers that criticize it.