The Supreme Administrative Court accepted a new injunction filed by the Association Mr. Smith Goes to halt the privatization of TAP. The association argues that the diploma that approved the sale of the company’s illegal does not provide for the opening of a public tender to select consultants who made the assessment of the financial situation of the company.
“By not foresee the opening of the said tender, contend Decree Law 181-A / 2015 to the Fundamental Law on Privatization and the Constitution of the Portuguese Republic, vitiated the same illegality of a qualified addiction and a severe constitutionality of addiction, “said a statement sent to newsrooms.
The Fundamental Law on Privatization states that privatization processes must always be preceded by” an assessment made at least by two independent bodies chosen from among the pre-qualified in competition held for that purpose. “
The government decided late last year, choose PwC and Deloitte to perform with this assessment. At this point, it is in negotiations with two of the three candidates who had Tenders:. Germán Efromovich, which controls the South American group Avianca, and David Neeleman, owner of Blue who joined the Portuguese businessman Humberto Pedrosa
By the way was Miguel Pais do Amaral, who presented a preliminary offer, contrary to the rules (which forced the submission of binding proposals).
But the court decision comes hinder the operation, which on Friday will make an important step, since that day, at 17h, the deadline for Efromovich and Neeleman submit proposals improved by TAP.
As regards the Association Mr. Smith Goes, whose promoter is the filmmaker Antonio-Pedro Vasconcelos, acceptance of the injunction means that “hangs the re-privatization of TAP, with the Government and Parpública [ holding state which holds the company's actions] forbidden to continue said process of privatization “.
However, as with the previous injunction of the association, it is very likely that the government invoke with the court the public interest of the operation to proceed with the sale of TAP , which will allow you to continue the process.
The first injunction of the association, which is linked to the movement not TAP Eyes, was accepted by the Supreme Administrative Court in early May. In this case, it was claimed that the sale contract documents was illegal because the obligations imposed on the buyer were not safeguarded, including maintenance headquarters in Portugal and Lisbon hub.
In response, Government approved on 14 May, the Council of Ministers, a resolution that invoked the public interest to proceed with the privatization and the process continued.
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