On 30 January, the Court of Appeal of Lithuania expressly stated as follows in its ruling in civil case No. e2A-594-790/2020:
- A winner of a public procurement should not expect that, in the process of implementing the public procurement contract, it will be able to earn any additional revenue that is not envisaged in the contract (for instance, by selling additional services that are not envisaged in the contract).
- A provider that wins a procurement may not obtain an illegitimate advantage over the other participants of the public procurement and receive additional benefits from a contract, which benefits the other participants of the public procurement could not have even foresee based on the procurement terms.
- Repeat attempts to earn such additional revenue qualify as a material breach of a public procurement contract.