Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal against the decision of the High Court which, inter alia, found that the appellant was not an ‘eligible person’ to challenge a request for tender, on the grounds that: the judge was correct in his interpretation of the Remedies Regulation as the position is well-established from the case law of the Court of Justice of the European Union; the judge was correct in finding that to be an ‘eligible person’ within the meaning of the Regulation, the applicant must have participated in the tender procedure; the appellant did not claim to be entitled to tender or have any exception, rather challenging the existence of a rule to make a tender; and the appellant had not established an ‘interest in obtaining’ such tender.
Public procurement - Appeal from a decision of the High Court – Dismissing appellant’s challenge to a decision by the Respondent, for a ‘Request to Tender “RFT” – High Court dismissed challenge on grounds that it did not have standing to bring the proceedings – “eligible person” within meaning of that term in the Regulation 4 of the Remedies Regulation – tender procedure – general rule and principal that there is an interest in obtaining tender - Irish and EU Law – not entitled to bring proceedings challenging the impugned decision under Regulation 8(1) – CJEU – rejected all the grounds of appeal - appeal dismissed – order of the high court affirmed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now