International Construction Law Review
THE LEGAL CONSEQUENCES OF THE IMPLEMENTATION OF THE REMEDIES DIRECTIVES— THE COMPLAINTS BOARD FOR PUBLIC PROCUREMENT (THE DANISH REVIEW BODY)
PARTNER TORBEN BRØGGER AND TINA BRAAD
Bech-Bruun Dragsted, Aarhus, Denmark
INTRODUCTION
The market for public procurement is large. The aggregate amount spent by public authorities in EU Member States on purchases corresponds to approximately 11 per cent of the total annual GNP or more than €670.2 billion a year. The Danish market for public procurement exceeds €13.4 billion annually, of which an estimated 20 per cent is spent by way of EU tender procedures.1
Even a comparatively small market as the Danish one could thus prove interesting to foreign companies.
Community procurement rules represent a set of rules for the procedure to be observed by public contracting entities when entering into major contracts. Thus, Community procurement rules2
imply that certain public works contracts, public supply contracts and public service contracts above a
1 According to explanatory notes of Bill No 243 introduced on March 2000.
2 The Community procurement rules are laid down in Council Directive 92/50/EEC of 18 June 1992 relating to the co-ordination of procedures for the award of public service contracts (hereinafter referred to as the “Service Directive”), Council Directive 93/36/EEC of 14 June 1993 co-ordinating procedures for the award of public supply contracts (hereinafter referred to as the “Supply Directive”), Council Directive 93/37/EEC of 14 June 1993 concerning the co-ordination of procedures for the award of public works contracts (hereinafter referred to as the “Works Directive”) (all of which have been amended by the Parliament and Council Directive 97/52/EEC of 13 October 1997 on the amendment of Council Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the co-ordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively) and Council Directive 93/38/EEC of 14 June 1993 co-ordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (hereinafter referred to as the “Utilities Directive”). The Community procurement directives have been incorporated into Danish law by Consolidation Act No 600 of 30 June 1992. In pursuance of this Act, the directives have been put into force by the passing of several Statutory Orders. The Statutory Orders at present in force are Statutory Order No 799 of 10 November 1998 on the award of works contracts, Statutory Order No 788 of 5 November 1998 on supply contracts, Statutory Order No 787 of 5 November 1998 on the award of contracts in the field of water, energy, transport and telecommunications sector and Statutory Order No 789 of 5 November 1998 on the award of service contracts.
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Legal Consequences of the Remedies Directives
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