The defendant sought to strike out certain parts of the claim against it relating to the tendering process for works on a substantial development. It was said that the defendant had given improper preference for the development of its own site.
Held: The requests were denied. The claims were not unarguable, and much remained to be established at trial.
Judges:
Eady J
Citations:
[2010] EWHC 1543 (QB), [2010] Eu LR 763, 132 Con LR 129
Links:
Statutes:
Public Contracts Regulations 2006
Jurisdiction:
England and Wales
Citing:
Cited – Embassy Limousines and Services v Parliament Europeen ECFI 17-Dec-1998
ECJ 1 Procedure – Reference to the Court of Justice on the basis of an arbitration clause – Condition – Existence of a valid contract – Contract governed by Directive 92/50 requiring a written agreement – . .
Cited – Metalmeccanica Fracasso SpA, Leitschutz Handels- und Montage GmbH v Amt der Salzburger Landesregierung fur den Bundesminister fur wirtschaftliche Angelegenheiten ECJ 16-Sep-1999
Where a tendering process completed leaving only one tender remaining, the contracting authority was not required to award the contract to the only tenderer judged to be suitable: ‘In a context different from that of the present case (there were . .
Cited – HI Hospital Ingenieure Krankenhaustechnik PlanungsgesmbH ECJ 18-Jun-2002
ECJ Public service contracts – Directive 92/50/EEC – Procedure for the award of public service contracts – Directive 89/665/EEC – Scope – Decision to withdraw an invitation to tender – Judicial review – Scope. . .
Cited – Harmon CFEM Facades (UK) Limited v The Corporate Officer of The House of Commons TCC 28-Oct-1999
The claimant said that the respondent had awarded a contract for works at the House of Commons disregarding its obligations under European law as regards open tendering. . .
Cited – European Dynamics Sa v HM Treasury TCC 23-Dec-2009
The claimant challenged a framework agreement proposed by the defendant for the delivery of software application solutions for various national public bodies. . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 01 November 2022; Ref: scu.417799