Reporting irregularities in relation to the tender process

The page was last modified:

Complaints regarding the tender process

We strongly suggest you begin by contacting the public authority with any questions and complaints you may have regarding the tender process. You may also contact these institutions:
 

Legal review procedures

Companies may apply for a legal review of decisions taken by the public authorities on, or connected to, public tender procedures. All companies have access to these review procedures irrespective of their country of establishment. There are three types of legal review. 
 

Review of a tender procedure

Tenderers may initiate a review of the tender procedure if they believe that they have been harmed by an infringement of the relevant procurement act. Normally, a standstill period of 10 days applies from the notification of the award decision within which the public authority may not conclude the contract. The review procedure must be initiated during the standstill period.  If the court finds the complaint founded, it may order that the tender procedure be recommenced, or concluded, only once corrections have been made. 

Review of the effectiveness of a contract

A company may apply for a review of the effectiveness of a contract, notably if it has been concluded without prior publication of a contract notice. The application must as a general rule be submitted within six months of the conclusion of the contract. If the court finds the complaint founded it will declare the contract ineffective, unless this could, in exceptional cases, lead to disproportionate consequences relating to a general interest.

Review of a decision to cancel a tender procedure

A company may apply for review of a decision to cancel a tender procedure within 10 days of notification of that decision.

The Administrative Courts are the bodies of first instance for these review procedures. There are no court fees in these procedures and the parties carry their own legal costs.  
 

Damages in public procurement

A public authority that has not complied with the provisions of a public procurement act shall compensate the harm to a company caused thereby. An action for damages must be submitted to the appropriate District Court within one year of the conclusion of the contract. The district court applies an application fee, and the losing party typically carries the legal costs of the winning party. 
Go to Your Europe website

Help and advice for EU nationals

Your Europe is an EU website designed to help you do things in other European countries – avoiding unnecessary inconvenience and unnecessary bureaucracy.

I want to leave feedback

Help us improve!

Let us know what you think by rating the page and answering a few questions.

Responsible: Swedish Agency for Economic and Regional Growth

Back to top

Back to top