The Supreme Court has spoken

Last words are said in the Fosen case. On Friday, September 27, the Supreme Court’s decision came in HR-2019-1801-A.

The Supreme Court finds that the standard of liability that follows from EEA law – the requirement of “sufficiently qualified breach” – replaces the traditional standard of care.

The Fosen-Linjen was unsuccessful in its claim for compensation for positive contract interest, as the Supreme Court concluded that there were factual grounds for canceling the competition. However, negative contract interest and legal costs were awarded, based on the fact that the award criterion “environment” without documentation requirements was illegal, something the client was made aware of during the competition.

We will return with a detailed account of the case at the beginning of next week.

27. September 2019


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