The Swedish Supreme Court holds that the time when the contract implementing an illegal direct award has been initiated should coincide with the time when the award decision may be subject to legal review (Swedish Immigration Office)

I. Introduction Konkurrensverket (Swedish Competition Authority) applied for public procurement fines against the Migrationsverket (Swedish Immigration Office) before the court of first instance on the 17 June 2011. The value of the contract in question exceeded € 8 million (SEK 69 million), which could incur an amount of fines of maximum € 0.8 million. The amount of fines calculated by Konkurrensverket and prescribed in its judgment from 14 February 2012 by the first instance was of € 0.64 million (SEK 5.5 million) i.e. around 8% of the contract value. On the 26 September 2012 in case 748-12 the Administrative Court of Appeal has annulled the judgment of the first instance and declined the application for fines. On the 17 of May 2013 the Supreme Court of Sweden has rejected the appeal

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  • Mircea & Partners (Bucharest)

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Emanuela Matei, The Swedish Supreme Court holds that the time when the contract implementing an illegal direct award has been initiated should coincide with the time when the award decision may be subject to legal review (Swedish Immigration Office), 17 May 2013, e-Competitions Bulletin Economic assessment of damages, Art. N° 52507

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