2018-03-01: BECCLE-seminar: Damages for breach of Public Procurement Law – Fosen-Linjen AS v AtB AS and its implications

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).