CELEX: E2018J0007
Language: en
Date: 2019-08-01 00:00:00
Title: JUDGMENT OF THE COURT of 1 August 2019 in Case E-7/18 Fosen-Linjen AS, supported by the Confederation of Norwegian Enterprise (Næringslivets Hovedorganisasjon) v AtB AS (Public procurement — Directive 89/665/EEC — Claim for compensation for the loss of profit — Gravity of the breach — Principles of equivalence and effectiveness)2019/C 378/07

7.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 378/8
            
         
      JUDGMENT OF THE COURT
      of 1 August 2019
      in Case E-7/18
      Fosen-Linjen AS, supported by the Confederation of Norwegian Enterprise (Næringslivets Hovedorganisasjon)
      v
      AtB AS
      
         (Public procurement — Directive 89/665/EEC — Claim for compensation for the loss of profit — Gravity of the breach — Principles of equivalence and effectiveness)
      
      (2019/C 378/07)
      In Case E-7/18, Fosen-Linjen AS, supported by the Confederation of Norwegian Enterprise (Næringslivets Hovedorganisasjon) v AtB AS — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Norway (Norges Høyesterett) concerning the interpretation of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, and in particular Article 2(1)(c) thereof, the Court, composed of Páll Hreinsson, President and Judge-Rapporteur, Bernd Hammermann and Ola Mestad (ad hoc), Judges, gave judgment on 1 August 2019, the operative part of which is as follows:
      Article 2(1)(c) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts does not require that any breach of the rules governing public procurement in itself is sufficient to award damages for the loss of profit to persons harmed by an infringement.