CELEX: 62014CA0549
Language: en
Date: 2016-09-07 00:00:00
Title: Case C-549/14: Judgment of the Court (Eighth Chamber) of 7 September 2016 (request for a preliminary ruling from the Højesteret — Denmark) — Finn Frogne A/S v Rigspolitiet ved Center for Beredskabskommunikation (Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 2 — Principle of equal treatment — Obligation of transparency — Contract for the supply of a complex communications system — Difficulties in performance of the contract — Disagreement of the parties in regard to areas of responsibility — Settlement — Reduction in the scope of the contract — Transformation of a rental of equipment into a sale of equipment — Material amendment to a contract — Justification by the objective expediency of achieving a settlement agreement)

31.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 402/4
            
         Judgment of the Court (Eighth Chamber) of 7 September 2016 (request for a preliminary ruling from the Højesteret — Denmark) — Finn Frogne A/S v Rigspolitiet ved Center for Beredskabskommunikation
   (Case C-549/14) (1)
   
   ((Reference for a preliminary ruling - Public procurement - Directive 2004/18/EC - Article 2 - Principle of equal treatment - Obligation of transparency - Contract for the supply of a complex communications system - Difficulties in performance of the contract - Disagreement of the parties in regard to areas of responsibility - Settlement - Reduction in the scope of the contract - Transformation of a rental of equipment into a sale of equipment - Material amendment to a contract - Justification by the objective expediency of achieving a settlement agreement))
   (2016/C 402/04)
   Language of the case: Danish
   
      Referring court
   
   Højesteret
   
      Parties to the main proceedings
   
   
      Applicant: Finn Frogne A/S
   
      Defendant: Rigspolitiet ved Center for Beredskabskommunikation
   
      Operative part of the judgment
   
   Article 2 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts must be interpreted as meaning that, following the award of a public contract, a material amendment cannot be made to that contract without a new tendering procedure being initiated even in the case where that amendment is, objectively, a type of settlement agreement, with both parties agreeing to mutual waivers, designed to bring an end to a dispute the outcome of which is uncertain, which arose from the difficulties encountered in the performance of that contract. The position would be different only if the contract documents provided for the possibility of adjusting certain conditions, even material ones, after the contract had been awarded and fixed the detailed rules for the application of that possibility.
   
      (1)  OJ C 127, 20.4.2015.