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Procurement dispute: estoppel allowed

> Procurement. Claim for damages against contracting authority.

Summary

Reliance on estoppel succeeds. Plaintiff did not challenge the award decision in interlocutory proceedings within 20 days. Pursuant to the tender conditions, she thereby also processed her right to damages. Applying this sunset clause here is not unreasonable or disproportionate. (Machine translated)

Full text

Procurement. Claim for damages against contracting authority. Reliance on estoppel succeeds. Plaintiff did not challenge the award decision in interlocutory proceedings within 20 days. Pursuant to the tender conditions, she thereby also processed her right to damages. Applying this sunset clause here is not unreasonable or disproportionate. (Machine translated)https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBDHA:2023:5098&pk_campaign=rss&pk_medium=rss&pk_keyword=uitspraken

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