We successfully represented Jyväskylä University of Applied Sciences in a public procurement matter in the Supreme Administrative Court in 2017-2018

• Finland

17-09-2018

We have represented Jyväskylä University of Applied Sciences Ltd (JAMK) in a public procurement matter in the Market Court and subsequently in the Supreme Administrative Court when JAMK appealed the decision of the Market Court. The appeal concerned the procurement of a comprehensive browser-enabled solution for student administration and education planning as well as joining the Peppi consortium for educational organisations acting as procuring entities. Over 80% of Finnish higher education institutions are part of the consortium. The commercial and distribution rights to the Peppi system in the Finnish education sector belong to Metropolia University of Applied Sciences and Tampere University of Applied Sciences. This is a significant decision relating to the national application of the Fastweb judgment (C-19/13) by the European Court of Justice when assessing whether the direct procurement notice clearly states all the grounds for why the contracting authority has considered a direct award of contract justifiable. This assessment affects, among others, the length of the appeal period.  

The Market Court ruled in its decision in 2017 that JAMK had acted in violation of the Finnish Act on Public Contracts (248/2007) in the matter. The Supreme Administrative Court set aside the ruling of the Market Court and found, in its decision of 7 September 2018, that no such factors have been revealed in the case on the basis of which it should be assessed that JAMK's voluntary direct procurement notice concerning ex ante transparency had not contained the information required of such notice under the Directive 89/665/EEC. Due to its significance, this decision is recorded in the Supreme Administrative Court’s Yearbook.

• Anne Björklund
• Specialist Counsel
• +358 10 684 1643
• +358 10 684 1643

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