The claimant wished to supply rolling stock to the defendant, and alleged that its tendering process had been breach of European requirements. The defendant argued that the process was not subject to the rules.
Held: Roth J said: ‘an implementing regulation is to be interpreted in the light of the directive which it is intended to implement. Moreover, it is well-established that such national legislation should receive a purposive rather than a literal construction in order to achieve the result pursued by the related directive.’
Judges:
Roth J
Citations:
[2012] EWHC 28 (Ch), (2012) 140 Con LR 1, [2012] WLR(D) 4, [2013] PTSR 454
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – NATS (Services) Ltd v Gatwick Airport Ltd and Another TCC 2-Oct-2014
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award . .
Lists of cited by and citing cases may be incomplete.
European, Commercial
Updated: 04 October 2022; Ref: scu.450454