Om konsekvenserne af klager afgivet til Klagenævnet for Udbud

Jens Henriksen

Student thesis: Master thesis

Abstract

In 2007 the remedies directives were substantially amended by directive 2007/66/EF, which introduced two new main features. 1. Introduction of the standstill period, with the purpose of strengthen the pre – contractual enforcement of public procurement. 2. More stringent rules against illegal direct awards of public contracts, national courts will be able to render these contracts ineffective if they have been awarded illegally and directly prior to competitive tendering – or if they have been awarded in the standstill period. These features along with other minor changes to national legislation, improved the status of the tenders that sought to file complaints to the national Danish courts. In fact there has been a tremendous increase in the number of complaints filed, throughout 2005-2011. This has caused a negative impact on the contracting authorities. Recently the Danish legislator took certain steps to stagger the incentive that tenders had to file complaints. In this thesis I will examine the economic and legal consequences of such complaints. This will be done by exploring the legal status of the parties under the given situation of these new features amended by directive 2007/66/EF. Furthermore I will analyze the development in quantity of complaints throughout the period of 2005-2012, in order to estimate whether the fee of complaint is satisfactory. Finally I will examine the economic impact, which these complaints have on the contracting authorities.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2013
Number of pages89