Contract for services at Dublin Airport cannot be concluded whilst subject to legal challenge

Clarke J (nem diss): Judicial review - appeal - challenge to decision of respondent statutory authority to award public contract for services at Dublin Airport to notice party - public procurement procedure - whether current proceedings automatically precludes conclusion of intended contractual award for services to notice party - decision of High Court (Barrett J) preventing contract finalisation pending outcome of substantive proceedings - present court ruled on appeal - judgment solely for purposes of giving reasons - whether a challenge to awarding decision of public procurement procedure made outside 'standstill' period retains benefit of automatically freezing the conclusion of the contractual agreement - whether court has jurisdiction to permit conclusion of contract - European Union law - criteria for the exercise of jurisdiction to permit conclusion - notice to vary High Court order by challenging party on decision of jurisdiction granted - regulation does not provide jurisdiction to permit conclusion of contract prior to decision of substantive application for judicial review - legal framework - operative directives of the EU - interpretation of regulation - margin of appreciation - whether a separate application for an interlocutory order providing for the continuance of suspension period required - whether suspension automatic from wording of regulation - High Court correct in its interpretation of an 'automatic suspension' - remedies directive - definition of 'interim measures' - statutory regime - wording of 'interlocutory order' in context of regulation unclear and requires further urgent consideration - creation of automatic barrier to contract's conclusion by virtue of regulation in place - appeal by authority dismissed but notice to vary allowed.