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Note on The Danish System http://simap.eu.int/DA/pub/src/d005.html
Pilot Project on Public Procurement
Administrative Co-operation on Problem Solution – a project involving Denmark, Germany,
Italy, The Netherlands, Spain and United Kingdom
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28th August 1998
Note on The Danish Systems
1. Introduction
This note describes the Danish complaints system in the field of public procurement, both
the role played by the formal review body and the less formalised activities by the Danish
Competition Authority:
In Denmark, a special administrative tribunal, The Complaints Board for Public
Procurement (in Danish: Klagenævnet for Udbud) has been set up to act as review body as
required by the two Remedies Directives. It functions as a quasi-judicial administrative body
the function of which is to hear complaints and settle disputes arising from alleged
violations of EU rules on public procurement.
Appeal of decisions made by the Complaints Board lies to the ordinary courts.
Bringing a complaint about an alleged violation of EU procurement rules before the
Complaints Board is an option. Alternatively, such a complaint can be taken directly before
the ordinary courts. There is no predecent for using this alternative. In reality, it is therefore
the Complaints Board that makes the decisions regarding application of the EU procurement
rules in Denmark.
A few decisions by the Board, however, have subsequently been brought before the courts.
In addition to the formal complaints system, the Danish Competition Authority has
developed a practice for swift and efficient hearing of complaints. Where the Complaints
Board in practice in the majority of cases expresses its opinion on the legality of contract
award procedures at a stage where the contract has been awarded, the Danish Competition
Authority, applying the method developed, may step in to deal with a complaint during the
procurement procedures. Through discussions with the contracting authority/entity it tries to
change the course in order to legalise its procedures before the procurement procedure is
closed and the contract is awarded. This way of hearing complaints at the earliest stage
possible during an award procedure corresponds exactly to the intentions behind the
Remedies Directives in the public procurement area.
Furthermore, the Danish Competition Authority has taken the initiative to cooperate with
the procurement authorities of several other Member States and with the Commission
regarding mutual assistance to companies meeting obstacles when participating in public
procurement procedures in other countries (cross-border cases).
The following is a description of the Complaints Board and of the way it is organised (point
2), the activities of the Danish Competition Authority as a complaints authority in the
procurement area (point 3), the functions of the courts in connection with public
procurement (point 4), and cooperation between member states for the handling of cross
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