Word Perfect Translation Services Limited v Commissioner For An Garda Siochana

In this case the High Court differentiated between the earlier decision in OCS One Complete Solution Ltd v Dublin Airport Authority1 in which Barrett J had held that applying the Campus Oil test (the traditional test for interlocutory injunctions) was not consistent with the EU Remedies Directive 2007/66/EC. In this case, McGovern J held that the present application by Word Perfect was not an application for an order in connection with an alleged wrong during the course of a procurement procedure nor was it challenging a decision to award a contract at the end of that procedure. It was thus not clear if the matter was governed by Regulation 8 of the Remedies Regulations, as was the case in OCS. Accordingly McGovern J applied the conventional Campus Oil test and, on the facts, refused to grant the injunction.

Facts

Word Perfect Translation Services Ltd (WP) was the incumbent provider of interpretation and translation services under a Department of Justice and Equality Framework Agreement (the FA) for the provision of interpretation services. It applied for judicial review of a decision made by the Commissioner to award a new contract for interpretation services to certain preferred bidders but excluding Word Perfect.

WP sought interlocutory injunction orders:

preventing the Commissioner from procuring interpretation services on the basis of a framework for interpretation and translation services which had...