APPEAL IN FAVOUR OF ENLARGEMENT PROJECT

30/05/2016

The board of appeal for procurement has acquitted the Port of Frederikshavn for all complaints in this appeal, which were filed by STRUKTON-TBI in connection with the procurement of the port expansion.

Five companies were pre-qualified to make an offer on the port enlargement project, of which four presented a final offer on the project. Medio July 2015, the contenders were informed that the contract was assigned to Per Aarsleff A/S.

In prolongation to this, joint venture STRUKTON-TBI & TBI Infra B.V presented a complaint to the board of appeal for procurement over the Port of Frederikshavn. The main issue in STRUKTON-TBI’s complaint, was that the Port of Frederikshavn had not carried out the assessment correctly and that the harbour should not have pre-qualified Per Aarsleff A/S to participate in the procurement.

The Port of Frederikshavn has continuously maintained that the complaint should not be sustained, and the board of appeal decided in August 2015 that the complaint would not have any delaying effect on the project.

The case has finally been settled by the board of appeal for procurement and it was an unanimous board of appeal, consisting of two high court judges and two expert members, who acquitted the Port of Frederikshavn of all 11 complaints.

STRUKTON-TBI has also been condemned to pay the Port of Frederikshavn 60,000 Danish kroners in legal costs.

CEO of the Port of Frederikshavn, Mikkel Seedorff Sørensen, is happy with the settlement: “It is nice that we have now reached a settlement of the complaint, and not the least that the settlement is as clear, as it is. Now we can focus our energy one hundred percent on the future.”

STRUKTON-TBI has the opportunity to take the verdict to court within 8 weeks. Should this not happen, the settlement is final.