Court refuses injunction claim of failed bidder for new Dublin Institute of Technology campus at Grangegorman
Mr Justice Max Barrett yesterday refused an application for an injunction from the unsuccessful bidder, Netherlands-based joint venture BAM PPP PGGM Infrastructure Cooperatie UA, over the awarding of the contract to a consortium called Eriugena.
BAM wanted the court to set aside the decision of the NTMA and education minister awarding it to Eriugena.
BAM claimed there was no lawful basis to exclude it from the process because Eriugena did not submit its tender before the specified deadline.
The defendants disputed the claims.
Mr Justice Barrett said as a consequence of BAM bringing its legal challenge, an automatic suspension arose whereby the defendants were precluded from concluding the contract to build, pending a decision on the judicial review proceedings.
The challenge was brought under European Communities (Public Authorities Contracts Review Procedure) Regulations 2010.
However, in the course of this year, new retroactive regulations introduced an entitlement for the defendants to apply to the High Court to lift the automatic suspension, the judge said.
Mr Justice Barrett said it would not be appropriate to grant an injunction restraining the contracting authority from entering the contract.
The balance of convenience was in favour of the defendants and against granting the injunction, he said.
The court was satisfied to make an order permitting conclusion of the contract.
It reached this decision having special regard to the integrity of the procurement process at issue.
