A doctoral thesis on contractual ineffectiveness of a public contract and its consequences between the contracting parties has recently been successfully defended by Dr. Kirsi-Maria Halonen at the University of Turku (Finland). Dr. Halonen is currently a Senior Lecturer in Commercial Law at the Faculty of Law of the University of Lapland (Finland).
Procurement rules are often viewed from a public law perspective and the collision of such regulation with national private law has previously received limited attention in many member states including Finland. The study aims to define the nature and consequences of contractual ineffectiveness comparing the effects of such remedy described in the Remedies Directive 2007/66 to the principles of Finnish contract law on contractual nullity. The principle of effectiveness and EU rules serve as a basis for interpretation of national law. The study elaborates different regimes of liability and their applicability to damages resulting from the contractual ineffectiveness to the ex-contractor. Hence possible claims for damages by third parties are not looked into. Finally, certain exemptions from damages and the principles of good faith and contributory negligence are analysed.
Even though the doctoral thesis has been published in Finnish, the most important conclusions of the study are published also in English. See Shielding Against Damages for Ineffectiveness, PPLR 2015, 4; The liability of a contracting authority for an infringement of public procurement rules leading to a contract’s ineffectiveness – A Finnish approach, Upphandlingsrättslig tidskrift (UrT) 3/2015 available here and Is the remedy of contractual ineffectiveness truly effective in Finland? EPPPL 2015, 4.