According to Article 2 of Decision 884/2004, the concession of the buildings in which the medical offices set up according to OG 124/1998 operate is made without public tender and according to the provisions of this decision. According to OG 124/1998, medical offices may be set up in existing medical dispensaries, polyclinics or other premises provided by the local/central public authority or in authorised private premises.
Judicial practice is consistent in considering that the legislator did not establish an obligation on the local or central public authority to grant a concession, but a faculty to grant a concession for the premises where medical activity is carried out. The power to make provision for the property to be leased belongs to the owner (the local/central public authority), and that power cannot be censured by the court from the point of view of expediency.
It should be noted that only goods in the private domain of administrative-territorial units may be given free of charge, rented, leased or sold without public tender to medical practices. Goods in the public domain must first be transferred to the private domain before they can be leased without a public tender. In the case of the public domain, the provisions of Art. 302 and following of the Administrative Code apply, i.e. the premises may only be leased, rented or sold by public tender.