The Supreme Court has ruled that a contracting entity cannot conclude a contract while a court application to review its award decision is pending, even if the application is made after the regulatory standstill period has expired.
In a ruling delivered on 31 July 2014, the Court said the restriction took effect automatically when the substantive review application was brought under Article 8(1)(b) of the European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) Regulations 2010. The applicant did not need to make a separate motion for the restriction to apply.
The Court also concluded that the Regulations did not give it jurisdiction to allow the contracting entity to conclude the contract before the review application was determined. It said that, as a result, it was unnecessary to consider what criteria might apply to such a request. The Court also declined to decide issues argued on appeal about the merits of the outcome on the facts of this case.
The ruling concerned an appeal by Dublin Airport Authority plc, with OCS One Complete Solutions Limited as applicant/respondent and Maybin Support Services (Ireland) Limited, trading as Momentum Support, as notice party. The judgment does not describe the underlying contract or the original award decision in detail.
The Court indicated that the appeal would be dismissed and the notice to vary allowed when it delivered its full judgment. The document is a ruling stating the Court’s principal conclusions; it says the full judgment giving the reasons would follow. It does not record the later delivery of that full judgment.