Ekonomska suština i formalno postupanje u javnim nabavkama-implikacije na nastanak štete
Economic substance and formal procedure in public procurement – implications on the occurrence of damage

Summary/Abstract: This paper analyzes the relationship between economic substance and formal conduct in public procurement procedures, with particular emphasis on the implications such a relationship has on the occurrence of damages, especially in the form of lost profit. The focus is on situations where a bidder was selected as the most advantageous, but the contract was not executed due to appeal procedures or the inaction of the contracting authority. Based on the legal framework and case law, the paper demonstrates that the absence of a formally concluded contract does not preclude the existence of damage, provided that there is a real and demonstrable possibility of its execution. Special attention is given to the role of forensic economic analysis in quantifying lost profit, through the application of a structured methodological approach and the principle of substance over form. The paper concludes that a proper understanding of the economic substance of transactions plays a crucial role in determining and compensating damages in public procurement procedures.

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