Erki Fels

.

Attorney-at-law

M: +372 5349 3777
erki.fels@pwc.com

Attorney-at-Law Erki Fels has successfully participated in several public procurement disputes that have gained media attention and helped shape case-law. Erki’s extensive experience in public procurement disputes covers the fields of construction works, public transport, IT, media, healthcare and energy. Due to his practical experience he frequently trains others and engages in academic work. He is a visiting lecturer at University of Tartu where he teaches public procurement and supervises and reviews master’s theses. At the request of Ministry of the Finance, Erki compiled an analysis on the pre-conditions for paying average salaries in public procurement procedures. He is one of the co-authors of the commented version of Public Procurement Act – a book published in 2019.

Languages: Estonian, English

 

  • Public procurement
  • Administrative court proceedings
  • Civil proceedings

 

The following is a selection of major cases which Erki has litigated:

  • Representing Gemalto AG, a digital security company, in the exceptional procurement for identity documents organised by the Police and Border Guard Board. Administrative matter No 3-17-1151;
  • Representing Estonian Railways in the procurement dispute on modernising the traffic management system of railway lines in the Lääne-Harju County. This is the biggest renovation project of railway infrastructure in Estonia. The cost of the public contract was 15.6 million euro. Administrative matter No 3-17-2226;
  • Advising Ministry of the Environment on conducting the public procurement for cleaning the waste of the Purtse/Kohtla river and in disputes arising thereof. In the framework of this unique project, 13 km of the river and a 14-hectar wetland containing phenol were cleaned. The cost of the first phase was 21 million euro. Administrative matters No 3-17-257, 3-18-354, 3-18-307;
  • Representing the Estonian Defence Forces in the framework procurement for procuring driving courses for conscripts and regular servicemen. The dispute was exceptional for the number of those requesting the review of the procurement decision: 5 driving schools. The dispute was about the permissibility of manipulating award criteria and the direct effect of the relevant EU directive. Administrative matters No 3-17-252 and 2-17-255;
  • Representing City of Tartu in Estonia’s largest procurement of regular carriage of passengers by bus, by which Tartu granted that public passenger transport would rely on environment-friendly gas-fuelled buses for 10 years. The cost of the public contract was 66 million euro. Administrative matter No 3-17-1063;
  • Representing the private limited company OÜ Arstlik Perenõuandla in the procurement dispute about the service provided by the medical helpline number 1220. Administrative matter No 3-19-752;
  • Representing Tank OÜ and Osaühing Initiative, advertisement and media agencies, in their dispute against Optimist Creative OÜ and Dentsu Aegis Network Estonia AS. The dispute arose from the advertisement services procurement conducted by Enterprise Estonia and its focus was the price formation of the tenderers. Administrative matter No 3-17-2544;
  • Representing Estonian Railways in the procurement dispute on modernising railway crossings. Administrative matter No 3-19-1602;
  • Representing Estonian Railways in the procurement dispute on major railway repairs between Tallinn-Keila-Paldiski and Keila-Riisipere. Administrative matter No 3-16-1970;
  • Representing Innopolis Insenerid OÜ in their complaint by which they asked the court to award them the procedural costs incurred during the pre-court review procedure. This ruling changed the practice of the Review Committee reviewing complaints against the contracting authorities. The Committee had previously refused to hear complaints seeking procedural costs in cases where the contracting authority had voluntarily agreed to declare its decision invalid during the review procedure. Administrative matter No 3-19-266;
  • Representing OÜ Kodara Kinnisvara in the dispute where the lawfulness of a construction permit issued by City of Pärnu was challenged and argued at three instances until the Supreme Court of Estonia made a final ruling. Administrative matter No 3-14-52416;
  • Representing designers in a procurement dispute whereby the state procured a consultant for the national designated spatial plan of a wood refinery, assessment of the impacts of the plan and the service for providing surveys. Administrative matter No 3-18-939;
  • Representing a municipality in Hiiumaa in the procurement dispute concerning the regular carriage of passengers by bus in the county for the years 2019–2021. Administrative matter No 3-18-587;
  • Representing AS EG Ehitus and UAB „ALVORA“ in the designing and construction works dispute against Elering AS concerning Karksi measuring station for natural gas and Lilli nod for the line tap. Administrative matter No 3-17-865;
  • Representing a manufacturer of a generic medicinal product in hearing the complaints lodged by the holder of the marketing authorization for the original medicinal product. Administrative matter No 3-16-1676.

These are a few examples of training sessions and conferences where Erki participated in 2019: 


Contact us

PwC Legal Estonia

Advokaadibüroo PricewaterhouseCoopers Legal OÜ

Tel: +372 6141 858

Follow us