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Update on European public procurement law - 8th CMS Public Procurement Forum

Past event
22 September 2022, 12:45 - 17:30 UTC +01:00

We are delighted to announce that the 8th CMS Public Procurement Forum will take place in Oslo on Thursday, 22 September 2022 from 12:45 - 17:30 p.m. CET providing an update on European public procurement law.

The programme will cover policy developments in the EU and recent and important decisions from the ECJ with high relevance in practice. 

In the second part of the event, we invite you to a comparative view sharing experiences from several jurisdictions on two topics with practical relevance:

  1. possible damages claims and
  2. time limits and cut off for claims.

The conference will be held in English and free of charge.

There will be the possibility to participate remotely for anyone interested in these topics, but unable to attend in person. 

Click here to register for online or in-person attendance

Programme

12:45 pm - 13:30 pm

Registration & snack lunch

13:30 pm - 13:45 pm

Welcome
Bernt Elsner and Bjørnar Alterskjær

13:45 pm - 14:05 pm

An update on policy developments in the EU
Update on the thoughts and initiatives of the European Commission regarding the current price rising issue and its consequences on tenders (various topics such as price rises during bids validity period, bids modifications during the implementation of contracts etc.).
CMS lawyers: Virginie Dor

14:05 pm - 14:55 pm

Recent highlights from the ECJ
The workshop on ECJ case law, highlights recent ECJ rulings on public procurement law. Selected decisions of the ECJ will be presented based on the relevant background and evaluated focusing on their relevance in practice.
CMS lawyers:  Christian Scherer, Laura Capata, Kawthar Ben Khelil  and José Luis Pérez Campoamor

14:55 pm - 15:10 pm

Coffee break

15:10 pm - 16:00 pm

A comparative view on damages
There is a growing debate about damages and fairly large damages are being awarded in Norway. Briefly, in case of a material infringement, the bidder who should have been awarded the contract, had it not been for the infringement, is entitled to compensation for loss of contract (loss of profit, or 'positive contract interest') under certain conditions.
CMS lawyers: Ronny Rosenvold, Veronika Kovacs, Graeme Young and Marquard Christen, will offer their respective views on the topic for comparison.

16:00 pm - 16:50 pm

A comparative view on time limits and cutoffs for various types of claims
We are seeing large differences in companies' willingness to challenge procurement documents across the EU. Some countries are quite lenient or rely on a case law, whereas others apply very strict time limits.
CMS lawyers: Alf Amund Gulsvik, Bernt Elsner, George LubegaPetra Heemskerk, and Christian Scherer, discuss the significance of time limits in their respective jurisdictions.

16:50 pm - 17:00 pm

Wrap up

17:00 pm - 18.30 pm

Reception

Your hosts

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Bernt Elsner
Bernt Elsner
Partner
Vienna
Virginie Dor
Virginie Dor
Partner
Head of the CMS Global Public Procurement Group
Brussels
Bjornar-Alterskjaer
Bjørnar Alterskjær
Managing Partner
Oslo
Ronny-Rosenvold
Ronny Rosenvold
Associate Partner
Oslo
Alf-Amund-Gulsvik
Alf Amund Gulsvik
Partner
Oslo