Præcise oplysninger om fristerne for gennemgangsprocedurer
There is no formal standard procedure for filing a complaint with the Complaints Board. The Complaints Board can, however, advise as follows:
1. Fee
Complaints of violations of Titles I-III of the Danish Public Procurement Act (which mainly implements the Public Procurement Directive 2014/24/EU), the Utilities Directive (Directive 2014/25/EU), the Concession Directive (Directive 2014/23/EU) and the Directive on Security and Defence Procurement (Directive 2009/81/EC) are subject to a fee of DKK 20,000, cf. section 5(4) of Executive Order regarding the Complaints Board.
If the Complaints Board finds in favor of the complainant, the fee is repaid.
To pay the fee from abroad, please use the following information: IBAN code: DK41 0216 4069 2095 21. Swift code: DABADKKK
When transferring the fee the complainant must add the following: “Klagenaevnet for Udbud, [name of the company/the complainant]”.
In the complaint the complainant must state that the fee is paid by transfer and include documentation for the transfer with account information.
2. Procedure
2.1.The complaint must include information on the identity of the complainant and the contract notice from “Ted – Tenders Electronic Daily”.
In addition, the complainant is obliged simultaneously to inform the contracting authority that a complaint has been filed with the Complaints Board. A copy of this notification must be forwarded to the Board.
2.2.The complaint must include a letter of complaint (Word and PDF- versions) written in Danish, including claims (“Påstande”), which in precise terms define the infringements allegedly committed by the contracting authority, including the rule or the principle, which allegedly has been violated. In this regard, it will be sufficient to refer to the relevant articles in the public procurement directives.
As mentioned, the complaint must be written in Danish. However, in the following, for the sake of guidance as to how a complaint should be structured, a few examples are given in English. Multiple claims must be numbered in consecutive order as follows: “Påstand 1” (Claim No. 1), “Påstand 2”, (Claim No. 2) etc.