On 29 October 2009, the Advocate General handed down an opinion on a reference for a preliminary ruling from the High Court in relation to limitation periods for bringing challenges for beach of the public procurement rules. According to the Advocate General, Article 1(1) of Directive 89/665 (the Remedies Directive) provides that the limitation period for applications for a declaration of infringement of procurement law, and for action for compensation, where a contract has already been awarded, does not start to run until the time at which the applicant knew or ought to have known of the alleged infringement. Any provision of English procurement regulations that allows a court to dismiss, at its discretion, an application on the basis that it was not brought ‘promptly’ (even though it was brought within the specifi ed three month limitation period) is incompatible with Article 1(1).