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Northern Ireland High Court sets aside contract award decision

Bircham Dyson Bell
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United Kingdom
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April 2 2012

The Northern Ireland High Court has set aside a contract award decision of the Northern Ireland Courts and Tribunal Service on the basis that a manifest and serious error in its assessment of one part of the successful tender, by taking into account immaterial considerations that were not specified in the tender documents

Requirements to use specific eco-labels breach procurement rules

Bircham Dyson Bell
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European Union, Netherlands
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April 2 2012

In relation to an action brought by the European Commission alleging that the Netherlands is in breach of its obligations under Directive 200418 concerning the award by the Province of Noord-Holland of a public contract for the supply and management of coffee machines

EU General Court annuls decision of EU Council

Bircham Dyson Bell
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European Union
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April 2 2012

The General Court annulled a decision of the Council of the European Union to reject a tender on the basis that the Council had not provided sufficient reasons for its decision

Northern Ireland Court of Appeal dismisses appeals regarding framework agreements

Bircham Dyson Bell
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United Kingdom
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April 2 2012

The Court of Appeal in Northern Ireland has dismissed two appeals against separate rulings of the High Court that set aside framework agreements entered into by Northern Irish government departments following breaches of the public procurement rules on the grounds on the one hand that the Department had failed to disclose sub-criteria used in assessing the tender and the weightings applied to those sub-criteria and on the other that the Department made a manifest error in the pricing mechanism used to assess tenders

EU General Court dismisses appeal against EU Commission procurement process

Bircham Dyson Bell
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European Union
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April 2 2012

The General Court dismissed an appeal by the Greek company Evropaiki Dynamiki against a European Commission procurement process for the supply of IT services to maintain and develop information systems for the Directorate-General for Maritime Affairs and Fisheries

Scope of defence derogation considered

Bircham Dyson Bell
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European Union
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April 2 2012

In relation to the scope of the defence derogation from the procurement rules for objects which for have a specific military purpose, but can also be used for largely identical technical applications in the civilian market, the Advocate General concluded that the defence derogation cannot apply for items which are to be used for specific military purposes, but which objectively are no different from similar items used in the civilian sector

EU General Court annuls EU Commission decision

Bircham Dyson Bell
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European Union
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April 2 2012

The General Court found that the Commission was not entitled to base the award of the contract on the criterion of the tenderers’ experience and therefore annulled the Commission’s decision to reject European Dynamic’s tender and award the contract to another tenderer

Legal Services Commission right to reject tender

Bircham Dyson Bell
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United Kingdom
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April 2 2012

The High Court rejected an application for judicial review of a decision of the Legal Services Commission to reject a tender for the provision of legal services in the field of community care on the basis that the LSC had not acted unreasonably or disproportionately in rejecting the tender and in not allowing the claimant to amend an error in its tender

Court rules on Eurostar status under procurement rules

Bircham Dyson Bell
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United Kingdom
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April 2 2012

In relation to a ruling on preliminary issues raised in an action brought by Alstom Transport alleging that Eurostar International Limited had breached the public procurement rules, the High Court concluded that, even though it is a public undertaking, Eurostar is not a contracting entity for the purpose of the Utilities Contracts Regulations 2006 on the basis that it is not engaged in a relevant utility activity (the operation of a railway network) and that, due to its commercial character, Eurostar is not a contracting authority for the purpose of the Public Contracts Regulations 2006

Court of Appeal rules on concession agreement

Bircham Dyson Bell
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United Kingdom
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April 2 2012

In relation to whether certain contracts awarded by the Ministry of Justice should be classified as public service contracts or public service concessions, the Court of Appeal concluded that contracts for the provision of bailiff services constituted services concessions on the basis that the fees for the services were collected from third parties and the risks relating to the management and operation of the bailiff service were transferred to the contractor