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Supreme Court of Denmark

Reference to the EU Court of Justice 
27-11-2014 

Case no. 2/2014
 

Order made on 27 November 2014


A A/S
vs.
The National Police represented by the Centre of Emergency Communication


The Supreme Court decided to refer a question for a preliminary ruling to the EU Court of Justice concerning whether a settlement agreement is a contract that must be put out to tender in its own right, if the original contract has failed

In 2007, the Danish State put a contract on delivery of control room software etc. out to EU tender. B was the successful bidder. Disagreement arose between B and the National Police represented by the Centre of Emergency Communication as to who was responsible for performance of the contract according to its terms. At the end of 2010, a settlement was reached between the parties. The settlement agreement led to significant changes to the contract.

The case concerned whether the settlement between the National Police represented by the Centre of Emergency Communication and B was in contravention of the public procurement rules, because the original contract was changed materially as a result of the settlement agreement.

On 27 November 2014, the Supreme Court decided to refer a question for a preliminary ruling to the EU Court of Justice concerning whether a settlement agreement is a contract that must be put out to tender in its own right, if the original contract has failed.

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