CASE COMMENTS : PUBLIC PROCUREMENT – SETTLEMENT – SUBSTANTIAL MODIFICATION

Objective hardships : The European Court of Justice considers that in the absence of a clause providing for the possibility to adapt, even significantly, a public procurement contract during its performance, a settlement agreement justified by the existence of objective hardship shall not be intended to result in a substantial modification of the contract (Finn Frogne)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A public contract for the provision of a global communications system common to all emergency services of the Danish State and for its maintenance for several years (hereinafter the 'Contract') was binding on the competent public authority and its holder. The Contract was worth approximately EUR 70 million, of which EUR 40 million was a minimum solution described in the tender documents. Difficulties arose during the execution of the Contract and the parties had reached a solution consisting of a transaction under which the Contract would be reduced by half. Furthermore, the transaction provided that two central server farms, which were originally intended

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Grégory Marson, Objective hardships : The European Court of Justice considers that in the absence of a clause providing for the possibility to adapt, even significantly, a public procurement contract during its performance, a settlement agreement justified by the existence of objective hardship shall not be intended to result in a substantial modification of the contract (Finn Frogne), 7 September 2016, Concurrences N° 1-2017, Art. N° 83152, pp. 213-214

Visites 161

All reviews