On 13 July 2011, the High Court struck out Alstom’s application for a declaration of ineffectiveness against the award of a contract by Eurostar to Siemens. The contract concerned the supply and maintenance of a fleet of new generation trains for use on its cross-Channel services. The High Court found that Alstom failed to satisfy the grounds for a finding of ineffectiveness under Regulation 45K of the Utilities Contract Regulations 2006 because (a) the contract had not been awarded without prior publication of a notice in the OJEU, and (b) there had been no breach of the requirement of a standstill period following the award of the contract which had prevented Alstom from starting proceedings before conclusion of the contract, or from bringing those proceedings to a conclusion. Eurostar had published a prior qualification notice in the OJEU which had in fact sparked competition for the contract. The Court concluded that this was still prior notice, even if, as Alstom had argued, there was a material difference in the contract which was eventually awarded. Eurostar had also complied with the obligation to observe a standstill period. The fact that the standstill period was not announced under the correct regulations did not negate the existence of the moratorium or prevent Alstom from bringing timely proceedings (which it had in fact done). In addition, the proceedings were brought after the statutory limitation period. Consequently, the High Court concluded that the ineffectiveness remedy was unavailable to Alstom.