Public Procurement Law

Plesner's public procurement law team is based in our EU and competition law group. Our team is one of the largest and most experienced in Denmark and is comprised of highly specialised partners and associates.

Two of our associates have been seconded to the tender law department of the energy group DONG Energy on several occasions. We also have access to the unique knowledge and experience of the former president of the General Court of the European Union, Bo Vesterdorf. The General Court considers all complaints on tenders by EU institutions. EU institutions are subject to almost identical tender rules as contracting authorities in the Member States.

Gitte Holtsø has been appointed an expert judge with the Danish Complaints Board for Public Procurement and is a member the Danish Bar Association's committee for public procurement law experts.

Plesner advises both contracting entities and suppliers on all aspects of Danish and EU public procurement law, and we assist at all stages of public tender procedures.

The Danish Complaints Board for Public Procurement applies a relatively strict interpretation of procurement rules and great care must be taken when drafting tender conditions and tenders. The team's experience in advising both suppliers and contracting entities is a great advantage.

Public procurement law is highly dynamic, and case-law and procurement rules are constantly developing. Plesner often arranges seminars on public procurement matters, either as open seminars on new rules or case-law, or as client-specific workshops tailored for the client's particular needs.

The team have vast experience in assisting clients in cases before the Danish Complaints Board, the European Commission and the Danish and EU courts.

Highlights

  • Sund & Bælt Holding A/S - advising on public procurement law issues related to the construction of the Femern link between Denmark and Germany
  • Deutsche Bahn - in the comprehensive tender by the Danish and Swedish transport authorities for the Øresund train service
  • Nokia Siemens Networks - in relation to Banedanmark's tender for a new digital communication system for the Danish railways (GSM-R)
  • Sund & Bælt Holding A/S and its subsidiaries - on tender related matters related to Storebælt and Øresundsbron
  • The Copenhagen Metro - in a complaint concerning Metroselskabet's tender for Metro Cityringen (the new metro line in Copenhagen), one of the largest construction contract in Denmark with a total value of approximately EUR 3 billion, Plesner assisted a consortium consisting of the Danish and German construction companies
  • Q8 International - securing a very rare decision by the Complaints Board for Public Procurement granting susspensory effect
  • Pharmaceutical sector - successfully assisted several pharmaceutical companies in complaints before the Danish Complaints Board for Public Procurement, such as Convatec, Baxter, Novartis Healthcare and Bristol Myers-Squibb
  • Roche Diagnostics - securing a very rare decision by the Complaints Board for Public Procurement granting suspending effect in a case where the contracting authority had failed to tender for a contract
  • A/S Storebælt - in a case before the the Complaints Board for Public Procurement dismissing a claim for compensation raised against A/S Storebælt
  • Berendsen Textil Service A/S - successfully assisted the company in a case before the Danish Complaints Board for Public Procurement

Ratings

  • Standout team advising on complex, high-value cases with multi-jurisdictional aspects. Covers a diverse range of competition and procurement issues, acting on mergers, cartel and abuse of dominance cases. The team offers specific expertise relating to proceedings before the Danish Complaints Board for Public Procurement. (2015)

Latest news on EU- and Competition Law and Public Procurement Law