CMS Derks Star Busmann successfully represented AET Europe BV in a interim proceedings brought together with Getronics PinkRoccade against the State of the Netherlands.

The reason for the proceedings was the contract given by the State to SDU to produce the digital passport, without putting the contract out to prior tender. AET and Getronics PinkRoccade took the view that this contract must be put out to tender in accordance with European and national tendering guidelines.

In its judgment of 18 September 2007 the district court in interim proceedings at The Hague found in favour of AET and Getronics PinkRoccade on all points. The consequence of this judgment is that the State, if it acquiesces in this judgment, must terminate the contract it awarded to SDU, must purchase no more products, deliveries and services from SDU in relation to the digital passport and must follow a full tender procedure. In doing so, the State must also guarantee, and demonstrate if necessary, that SDU has no advantage in the tender procedure compared to the competition.