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Research Group for European Law

Research fellow Kristian Strømsnes

The legal consequences of violating the public procurement regulations

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A central part of the project is the situation between the parties after the court ruled their contract to be without effect.

The project focuses on infringement of the Norwegian public procurement regulations. In cases of severe violation, the courts are normally obliged to rule the contract to be without effect between the parties. Less severe violations are sanctioned with reduction of the contract’s duration or penalty fees. The conditions for said rulings are analyzed and discussed. A central part of the project is the situation between the parties after the court ruled their contract to be without effect. Problems related to retransfer of the contracted items and questions of damages following an ineffective contract are discussed. Finally more general perspectives on damages will be analyzed, especially where the violations are not severe enough to result in the contract ruled ineffective.

 

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