Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
Held: There had been an original tendering process and the new actions of the respondent could be seen to have been part of that process and therefore there was no need for a further tendering process. The appeal failed.
Lord Neuberger, President, Lord Mance,Lord Sumption, Lord Carnwath, Lord Hodge
[2015] UKSC 45, [2015] WLR(D) 284, [2015] PTSR 1088, UKSC 2015/0080, [2015] 3 CMLR 47, [2016] 1 All ER 763
Bailii, WLRD, Bailii Summary, SC, SC Summary
Public Services Regulations 2006, Directive EU No. 2004/38
England and Wales
Citing:
At first Instance (1) – Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others QBD 27-Oct-2014
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under . .
At first instance (2) – Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others QBD 22-Jan-2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the . .
Appeal from – Edenred (UK Group) Ltd v HM Treasury and Others CA 31-Mar-2015
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. . .
Cited – Commission v Italy C-385/02 ECJ 14-Sep-2004
Failure of a Member State to fulfil its obligations – Directive 93/37/EEC – Public works contracts – Negotiated procedure without prior publication of a contract notice . .
Cited – Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici ECJ 7-Oct-2004
Approximation Of Laws – Directive 93/37/EEC – Public works contracts – Award of contracts – Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender . .
Cited – Commission v Spain C-84/03 ECJ 13-Jan-2005
ECJ Law Relating To Undertakings – Failure to fulfil obligations – Directives 93/36/EEC and 93/37/EEC – Public contracts – Award procedure for public supply and public works contracts – Scope – Definition of . .
Lists of cited by and citing cases may be incomplete.
Administrative, European
Updated: 02 January 2022; Ref: scu.549906