The infamous "Fosen-case" relating to the procurement of public ferry services in Mid-Norway has finally come to an end in the Norwegian justice system with the Supreme Court's ruling 27 September.
The Court states that the supplier Fosen Linjen is entitled to damages from the contracting authority AtB for costs incurred in connection with participation in the tender procedure. The Court did however not find AtB liable for Fosen Linjen's potential loss of profit, because the Court found that AtB had a fair reason for calling off the tender process. When assessing whether or not a contracting authority is liable to pay damages, the Court stated that the error must be "sufficiently qualified" ("tilstrekkelig kvalifisert"), both in relation to liability for costs incurred in connections with the tender procedure and liability for loss of profit.
As regards to the latter the ruling seems to confirm the previous state of law, whilst the Supreme Court seems to increase the threshold for claiming damages for costs incurred tender procedures in Norway compared to the what was generally held before the Fosen judgement.