BAM PPP PGGM Infrastructure Cooperatie UA v National Treasury Management Agency And Minister For Education And Skills

The applicant, BAM, issued proceedings against NTMA and the Minister seeking to set aside their decision to accept a late tender submitted by a rival bidder consortium. Under the provisions of the 2010 Irish national Procurement Remedies Regulations1, once those proceedings issued NTMA and the Minister were legally precluded from awarding the contract. Under the 2015 Regulations power was granted to the High Court, on the application of a contracting or awarding authority, to grant an order lifting the automatic suspension at interlocutory stage (that is on a temporary basis pending full trial).

Judgment

The High Court (Barrett J) held that since the 2015 amending Regulations (which were retrospective) the automatic suspension arose both on the review of an interim decision as well as of a final decision to award a contract but that:

the automatic suspension could be lifted by the High Court. the amended Remedies Regulations enabled the High Court to make an...