BECCLE has the pleasure of inviting to a half day seminar on damages caused by breach of Public Procurement law and a look at the EFTA Court’s judgment in Fosen-Linjen AS v AtB AS and its implications.

October 31 2017, the EFTA Court handed its Advisory Opinion in Case E-16/16 Fosen-Linjen AS v AtB AS regarding the award of contractual damages arising from breaches of EU/EEA public procurement. According to the EFTA Court’s advisory opinion, a simple breach of public procurement law is in itself sufficient to trigger the liability of the contracting authority to compensate the person harmed – if other conditions are met. The opinion appears to contradict established Norwegian and EU case law, and, therefore, has created plenty of interest.

In this seminar, we will discuss the Court’s advisory opinion regarding whether, under EU/EEA law, any breach gives right to damages, if there is a requirement of ‘seriousness’, and what the burden of proof necessary to successfully claim positive contractual interest is (lucrus cessans).

Time and Place:
Thursday 1 March, 10.15 – 14.30
Auditorium 3, Faculty of Law, UoB, Magnus Lagabøtes plass 1.

Registration:
The seminar is free and open to the public, though registration is required. A light lunch will be served.
Registration is now closed. Please contact BECCLE if you have any questions.
For Norwegian lawyers: Felles søknad om godkjenning av etterutdanning for advokater kan sendes i etterkant av seminaret.

Recording:

• A recording of the seminar is available here…

Presentations:

• Dag Sørlie Lund: Norwegian Law and Practice on Damages arising from Public Procurement Breaches BEFORE Fosen Linjen, and the changes it entails
• Kirsi-Maria Halonen: A Comparative Approach to Damages Arising from Public Procument: Finland and Sweden
• Albert Sanchez-Graells: Approaches to the ‘seriousness’ of the breach: The EFTA Court vs the UK Supreme Court
• Halvard Haukeland Fredriksen: After Fosen-Linjen: Rethinking the Norwegian approach to damages for breach of public procurement law?

Materials:

• The EFTA Court’s Advisory Opinion of 31 October 2017 in Case E-16/16 Fosen-Linjen AS v AtB AS (EN)…
• The EFTA Court’s Advisory Opinion of 31 October 2017 in Case E-16/16 Fosen-Linjen AS v AtB AS (NO)…
• Report for the Hearing in Case E-16/16 Fosen-Linjen AS v AtB AS (EN)…
• Halvard H. Fredriksen and Finn Arnesen, “EFTA-domstolens uttalelse om erstatningsansvar for brudd på anskaffelsesreglene – hvor står vi nå?”, on Anbud365.no…

Agenda:

• 10.00 – 10.15: Meet & Greet – coffee and cake
• 10.15 – 10.20: Ignacio Herrera Anchustegui – Introduction and greeting
• 10.20 – 11.10: Dag Sørlie Lund – “The Norwegian law and practice on damages arising from public procurement breaches before Fosen-Linjen AS v AtB AS, and what has it changed.”
• 11.10 – 12.00: Kirsi-Maria Halonen – “A comparative approach to damages: The Finnish and Swedish practice on damages arising from public procurement breaches.”
• 12.00 – 12.45: Lunch break
• 12.45 – 13.35: Albert Sánchez Graells – “Approaches to the ‘seriousness’ of the breach: The EFTA Court vs the UK Supreme Court.”
• 13.35 – 14.15: Halvard Haukeland Fredriksen – “Norway after the Fosen-Linjen AS v AtB AS case: What is to be expected and what are its repercussions – here and elsewhere.”

Speakers:

Dag Sørlie Lund

Lawyer

Advokatfirmaet Hjort DA

Kirsi-Maria Halonen

Lecturer in Commercial Law

Faculty of Law, University of Lapland

Albert Sanchez Graells

Reader in Economic Law

University of Bristol Law School

Halvard Haukeland Fredriksen

Professor and Dean of Studies

Faculty of Law, University of Bergen, and Norwegian Complaint Board for Public Procurement