Case Study: The Netherlands

Abstract

This chapter presents public procurement damages claims in the Netherlands, with a particular emphasis on jurisprudential developments. It covers the causes of action, in particular the constitutive criteria for pre-contractual liability and tort law, as well as the justiciability of claims. It further examines the quantification aspects of damages claims, notably the recoverable losses (bid costs, lost profits and the compensation for lost chances) and judges’ quantification methods.