Culpa in Contrahendo: A Solar Eclipse between Contract UrT 2025 no 2 p. 47

The realm of contemporary EU public procurement is expanding in complexity. This complexity arises not only from the incorporation of sustainability concerns and the procurement of diverse technological solutions but also from an increasing reliance on negotiated procedures. The growing interest in these methods within the EU highlights the need to explore their legal aspects in greater detail. As with other commercial transactions, issues can occasionally arise in public procurement. This raises a crucial question: What are the legal recourses if economic operators involved in the public procurement process are mistreated? Is it solely based on public procurement law, or can contract law doctrines, such as culpa in contrahendo, also be applied?

To address this inquiry, the article is structured as follows: Section 1 outlines the interplay between public procurement and contract law. Section 2 explores potential avenues for compensation arising from breaches of public procurement rules under the Remedies Directive. Section 3 examines the concept of culpa in Marta Andhov, Michał Kania, Arnel Saljic, Torkil Schrøder-Hansen

contrahendo under Danish law. Section 4 assesses the applicability and potential role of the culpa in contrahendo doctrine in Danish public procurement law, with particular attention to how it may be adapted in the context of public contracts. The final section summarises the key findings and draws conclusions based on the analysis.

Keywords: culpa in contrahendo, negotiations, public procurement law, damages, liability, contract law, ex-contractu liability, duty of loyalty.

Marta Andhov, Michał Kania, Arnel Saljic, Torkil Schrøder-Hansen

PDF: Culpa in Contrahendo: A Solar Eclipse between Contract UrT 2025 no2 p. 47
Volym: 2
Sida: 47
År: 2025