Mittwoch, 01.04.2015
Regarding a bidder's claim for damages, in particular for lost profits
from
Oliver WeihrauchLawyer
Specialist lawyer for public procurement law
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The video presentation deals with a particularly exciting topic in public procurement law, namely the question of when damages in the form of lost profits can be claimed under public procurement law.
The prerequisites for a claim for damages under procurement law are presented, i.e. the violation of procurement law provisions that confer subjective rights and, of course, damage must have occurred. The hurdles are low because it does not depend on fault or whether the bidder relied on compliance with procurement law provisions.
However, it is much more difficult to claim damages in the form of lost profits. In this case, the bidder must prove that he would have been awarded the contract if it had not been for the error. In particular, it must be considered whether the bidder is acting in bad faith, i.e. whether he recognizes that the contracting authority is making a mistake and allows the procedure to continue. In a recent decision by the Higher Regional Court of Naumburg, a claim was not rejected solely on the basis of the bidder's behavior. However, the judges made a very broad restriction, because the bidder's inactivity can be considered contributory negligence. His claims are then reduced.
The details are shown in more detail in the video.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.