When the new Student House was built at Linköping University, they wanted to buy a textile curtain for the house's large entrance. The State Art Council was a member of a consultation group for the purchase and after a requirement specification was drawn up, six artists were selected. One of the artists was then commissioned to create the artwork, but without the assignment being advertised according to the Public Procurement Act, LOU. One of the artists wanted to have clarified if this was allowed and appealed to the Administrative Court in Stockholm.

More artists should have had the chance

In a judgment, the Administrative Court found that the requirements specification was so widely held that the assignment should have been advertised so that more artists could have a chance to offer a work. The State Arts Council believes that only the artist who received the assignment could deliver what was desired. Therefore, the State Arts Council had chosen to do a so-called direct procurement.

Did not follow the verdict

The Swedish Competition Authority was informed that the State Arts Council did not comply with the judgment of the Administrative Court and chose to raise the matter. Now, the Swedish Competition Authority requests that the State Arts Council pay SEK 105,000 in fines / procurement damages. An aggravating circumstance is that the State Arts Council has not followed the Administrative Court's judgment.