Forskergruppen for EU/EØS konkurranse- og markedsrett
BECCLE Seminar Thursday 1 March

BECCLE Seminar: Damages for breach of Public Procurement Law – Fosen-Linjen AS v AtB AS and its implications

BECCLE has the pleasure of inviting to a half day seminar on damages caused by breach of Public Procurement law and a look at the EFTA Court’s judgment in Fosen-Linjen AS v AtB AS and its implications.

Arkivbilde, Fosna-Folket

October 31 2017, the EFTA Court handed its Advisory Opinion in Case E-16/16 Fosen-Linjen AS v AtB AS regarding the award of contractual damages arising from breaches of EU/EEA public procurement. According to the EFTA Court’s advisory opinion, a simple breach of public procurement law is in itself sufficient to trigger the liability of the contracting authority to compensate the person harmed – if other conditions are met. The opinion appears to contradict established Norwegian and EU case law, and, therefore, has created plenty of interest.

In this seminar we will discuss the Court’s advisory opinion regarding whether, under EU/EEA law, any breach gives right to damages, where there is a requirement of ‘seriousness’, and what the burden of proof necessary is to successfully claim positive contractual interest (lucrus cessans).


  • Dag Sørlie Lund, Lawyer, Advokatfirmaet Hjort DA
  • Kirsi-Maria Halonen, Lecturer in Commercial Law, Faculty of Law, University of Lapland
  • Albert Sanchez Graells, Reader in Economic Law, University of Bristol Law School
  • Halvard Haukeland Fredriksen, Professor, Faculty of Law, University of Bergen, and BECCLE

The seminar is free and open to the public, though registration is required. A light lunch will be served.

For Norwegian lawyers: Felles søknad om godkjenning av etterutdanning for advokater kan sendes i etterkant av seminaret.

Read more and register at the BECCLE website...

10.00 – 10.15: Meet & Greet – coffee and cake

10.15 – 10.20: Ignacio Herrera Anchustegui – Introduction and greeting

10.20 – 11.10: Dag Sørlie Lund – “The Norwegian law and practice on damages arising from public procurement breaches before Fosen-Linjen AS v AtB AS, and what has it changed.”

11.10 – 12.00: Kirsi-Maria Halonen – “A comparative approach to damages: The Finnish and Swedish practice on damages arising from public procurement breaches.”

12.00 – 12.45: Lunch break

12.45 – 13.35: Albert Sánchez Graells – “Approaches to the ‘seriousness’ of the breach: The EFTA Court vs the UK Supreme Court.”

13.35 – 14.15: Halvard Haukeland Fredriksen – “Norway after the Fosen-Linjen AS v AtB AS case: What is to be expected and what are its repercussions – here and elsewhere.”