Decision Supreme Administrative Court, public procurement

Flood Herslow Holme is legal counsel for a procuring authority which recently won a case in the Supreme Administrative Court. The main question in the case was whether different criteria may be used to qualify domestic and foreign subcontractors. The Supreme Administrative Court stated that a question in the case was whether it is contrary to general principles of public procurement to have different means of procuring information regarding the contractor, depending on if the contractor or the subcontractor is domestic or foreign. In accordance with Flood Herslow Holme’s client’s plea, the Supreme Administrative Court ruled that the procuring authority had acted in accordance with procurement regulation depending whether the contractor was foreign or not.