PUBLIC PROCUREMENT - Lexnet

Cross-Border Cases http://simap.eu.int/DA/pub/src/d007.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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4th December 1998
Problem Solution:
Cross-Border Cases
Introduction
In 1996, the Danish minister for Business and Industry instructed the Danish Competition
Authority to give assistance on a more systematic basis to companies encountering barriers
to access to procurement market in other EU countries, or more correct, EEA countries.
The basic purpose of this is to seek, to the extent possible, to solve problems in connection
with a contract award procedure at the earliest stage possible during the procedure, i.e.
before the contract has been awarded and it is too late to take action in order to redress the
problems.
The aim is to seek solutions in a pragmatic, smooth manner, thereby avoiding both the often
lengthy and costly proceedings involved in a formal complaints procedure and the
conflictual atmosphere likely to characterise a case being pursued through the formal
channels.
This "cross-border function" of the Danish Competition Authority was initiated on 1 August
1996. In the wake of this, a number of informal cooperation agreements have been made
with procurement authorities in, so far, 8 EU/EFTA countries (Sweden, Norway, Finland,
UK, Ireland, Germany, the Netherlands and France). These informal agreements have been
entered into on a mutual basis, i.e. that the commitment by the procurement authorities to
assist companies experiencing barriers "works both ways".
The various concrete cases
Below is given a short description of the concrete cross-border cases in which the Danish
Competition Authority has been involved to date.
The description of the cases has been grouped under the following headings:
I. Cases where contract has not yet been awarded
II. Cases where contract has been awarded
III. Cases not relating to a concrete procurement procedure
IV. "Reverse" cases (against Danish contracting authorities/entities).
In order to give an overview of the case, the description of each of these has been made in
accordance with the pattern given below:
A. The facts of the case
B. The legal aspects of the case
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