Supreme Administrative Court case, public procurement

Flood Herslow Holme has acted as legal counsel for a procuring authority which recently won a case in the Supreme Administrative Court. The case concerns the scope of an administrative court´s requirements of judicial review of a contract Award procedure in order to ensure that the judicial review accord with the right to a fair trial, when documents required by the administrative Court, within the scope of judicial review, to try the case had not been communicated to the complaining tenderer due to the principle of protection of confidential information and business secrets. The supreme Administrative Court stated that the principle of protection of confidential and of business secrets must be observed in such a way to reconcile it with the requirement of effective legal protection and the right of defence of the parties to the Court. Furthermore, the Court stated that the judicial review should be based on the reasons for their retrieval.