The EFTA-court rules in favour of AtB and concludes that a simple breach of the public procurement directives is not sufficient to trigger liability.
On the 1st of August 2019, the EFTA-court gave its judgement on the request of the Norwegian Supreme Court in the Fosen-linjen case. Haavind is pleased to see that the EFTA-court now departed from the previous judgement in E-16/16, and concluded that a simple breach of the public procurement directives is not sufficient to trigger liability.
As for liability under EU and EEA-law in general, there must be proven a sufficiently serious breach for liability to incur.
Our partner Goud Helge Homme Fjellheim represented the procuring entity, AtB, in this major win. We are looking forward to follow the case in the Norwegian Supreme Court from the 27th to the 29th of August.