undefined | Regions appeal ruling on Cosmic medical records system by Sweden Herald

Nine Swedish regions have been ordered by the Court of Appeal in Gothenburg to pay ten million SEK each in procurement damages for signing an additional agreement for the Cosmic medical‑records system without conducting a public tender. The regions – together amounting to fines of hundreds of millions of kronor – are now appealing the decision, arguing that the court erred in interpreting the limitation period and the exception provisions of the Public Procurement Act that apply to contract amendments.

According to a press release from Region Norrbotten, the appeal contends that the court’s ruling overlooks how the “exception rules” can be legitimately used when amending existing contracts. The regions maintain that the original tender‑process requirements were satisfied and that the subsequent amendment with the vendor, Cambio, fell within permissible exceptions, making the damages assessment unlawful.

The dispute stems from Cambio’s announcement in autumn 2022 that it could not deliver the Cosmic system on schedule, which could have triggered a contractual penalty of about 1 million SEK. Instead, the regions chose to sign a new agreement with the vendor and continue the project, a move the court deemed potentially illegal. The appeal seeks to overturn the financial penalties and clarify the application of procurement law in such contract extensions.

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