The contribution explains the EEA law context of the Fosen-Linjen case, with a particular view to its EU law relevance. Its main finding is that the peculiarities of the Agreement on the European Economic Area (EEA) had no impact upon the EFTA Court’s interpretation of the Remedies Directive, so that the reasoning should be equally valid in an EU law context. It is also stressed, however, that the CJEU is under no legal obligation to follow the EFTA Court’s lead when the question of the threshold for contracting authorities’ liability for breaches of EU public procurement law comes before it anew.
Keywords: EEA Agreement; EFTA Court; Homogeneity; Judicial dialouge.