Dismissal of advisory cases
Dismissal of cases subject to administrative fine
Appeals against a decision to dismiss

Dismissal of advisory cases or specific arguments in a case
Dismissal under §6, see also §9, typically occurs in the following types of situations:

• The complaint does not concern omissions, actions or decisions taken during procurement under the procurement regulations.
• The complainant has insufficient standing to demand a decision on the alleged breach. For example:
• The complainant has no connection to the procurement complained about, for example, the company did not participate in the competition and would not be a potential supplier of what has been procured.
• For organisations, such as trade associations, a specific assessment must be made as to whether they can have sufficient standing.
• If the complainant puts forward a new case regarding a procurement about which he had complained earlier and it includes arguments that could have been put forward in the first case.
• If the respondent admits to having breached the regulations with respect to the point(s) alleged by the complainant, the complainant will normally lack standing in the Complaint Board's review of whether the rules have been breached with respect to the point(s) in the admission of the breach.
• The complaint is unnecessarily verbose or the number of arguments cannot be considered to be in reasonable proportion to the importance of the case, either from the perspective of the complainant or more generally.
• The complaint is not made in a timely manner.
• The question that is the subject of the complaint has been decided by the court of first instance.

Dismissal under § 9 typically occurs in the following types of situations:

• The allegation of a breach of the regulations can be clearly rejected.
• The case requires technical or professional knowledge or skills that the Complaints Board, consisting solely of lawyers, does not possess.
• A decision in the case would depend on questions of evidence that are not suitable for being addressed under a written procedure.
• The complainant’s allegations are so vague that it is impossible to take a decision.
• The complaint mainly concerns matters that are within the discretion of the purchasing professional.
• The Complaints Board lacks a sufficient factual basis to decide the case, or certain allegations in the case.

Dismissal in cases where an administrative fine can be imposed
Dismissal of cases in which an administrative fine could be imposed is done pursuant to the Complaints Board Regulations §§ 6 and/or 9.
Dismissal under § 6, see also § 9, typically occurs in the following types of situations:

• The Complainant lacks sufficient standing to demand a decision on the complaint of illegal direct procurement because, for example, it is made unnecessarily verbose.
• The complaint is not made in a timely manner.
  Dismissal under § 9 typically occurs in the following types of situations:
• The allegation of illegal direct procurement can be clearly rejected.
• The case requires technical or professional knowledge or skills that the Complaints Board, consisting solely of lawyers, does not possess.
• A decision in the case would depend on questions of evidence that are not suitable to be addressed under a written procedure.
• The allegation of illegal direct procurement concerns a procurement that is not sufficiently identified or specified, nor has the respondent been able to clarify this sufficiently.
• The Complaints Board lacks or has an insufficient factual basis to take a decision on the allegation of illegal direct procurement.

Appeals against dismissal
A rejection by the Complaints Board Secretariat may be appealed to the chairperson of the Complaints Board, who will decide whether the case should be taken up by the Board. The appeal must be submitted no later than three working days after the complainant became aware of the decision to dismiss.

If the complainant can see that there may be circumstances that may create a risk that the case be dismissed, the complainant is asked to assess whether the case, or certain allegations in the case, should be withdrawn. This is to facilitate the Complaints Board’s handling of cases, to allow the Board to concentrate on deciding cases and arguments where there is a real need for the Board's opinion.