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High Court refuses to dismiss public procurement proceedings which, it was argued, had not been brought within 30 calendar days after the applicant was notified of the relevant decision, on the grounds that: a) the application was brought within the time period; b) the delay in bringing the proceedings was justified by the inter partes correspondence; and c) the correspondence between the parties was reasonably necessary to gain sufficient knowledge of the facts to enable the applicant to make a decision on whether to challenge the award.
Public procurement – whether the proceedings are out of time under Regulation 7(2) of the Remedies Regulations not having been brought within 30 calendar days after the applicant was notified of the decision – competition run by An Garda Síochána for the provision of towing and garaging services of vehicles recovered, seized, or retained by An Garda Síochána following traffic collisions, or for the purpose of the investigation of crime – European Union (Award of Public Authority Contracts) Regulations 2016 (S.I. 284/2016) – Directive 2014/24/EU of 26 February 2014 – Directive 2007/66/EC – European Communities (Public Authorities Contracts) Review Procedures Regulations 2010 S.I. No. 130 of 2010 – S.I. 192 of 2015 – O. 84A r. 4 (2) RSC – when did time begin to run – how a court is to interpret the apparent flexibility contained in Regulation 7(2) of the Remedies Regulations – level of knowledge required – at what point did the applicant have or ought to have had a level of knowledge required to commence the proceedings – time had not run for the purposes of the test in Regulation 7(2) of the Remedies Regulations – application is not out of time – application to dismiss proceedings refused.
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