Ragnhild Kristina Ølstad will talk about the main hearing in the Fosen Line case, which is currently pending before the Supreme Court of Norway. The case concerns the conditions for obtaining compensation for positive contract interest in Norwegian public procurement law.

The case caused a real stir after Frostating Court of Appeal decided to effectively ignore a judgement from the EFTA Court regarding the interpretation of the Remedies Directive – the first time such a rejection has come from a lower instance court in Norway. The case made controversy again when the Supreme Court of Norway decided to ask the EFTA Court for a second judgement in the very same case.

The case raises questions regarding Norway’s obligations under the EEA agreement, the understanding of the Remedies Directive and the relationship between national courts in the EFTA States and the EFTA Court. The topics raised are thus highly relevant to all three EU/EEA courses on offer this term, but should also be of interest for students in the 2nd, 3rd and 4th year of study.

Ragnhild Kristine Ølstad, Inventura.

Ragnhild Kristina Ølstad works with public procurement law in Inventura AS. She wrote her master’s thesis of law at UiB in the spring of 2018 about damages for positive contract interest in procurement. The thesis focuses on the Fosen Line case, the term “material error” in Norwegian law in light of the remedies directive.