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11 Eur. L. Rep. 1 (2007)

handle is hein.journals/eurlawreo11 and id is 1 raw text is: [2007] EuLR A IN THE MATTER OF COUNCIL DIRECTIVE 92/13/EC AND IN THE MATTER OF THE EUROPEAN COMMUNITIES (REVIEW PROCEDURES FOR THE AWARD OF CONTRACTS BY ENTITIES OPERATING IN B THE (WATER, ENERGY, TRANSPORT AND TELECOMMUNICATIONS SECTORS) REGULATIONS 1993 (SI No. 104 of 1993) BETWEEN VEOLIA WATER UK PLC, BOWEN WATER TECHNOLOGY LIMITED, SOUTH MIDLAND CONSTRUCTION LIMITED AND C CLG DEVELOPMENTS LIMITED, TRADING AS THE VEOLIA WATER CONSORTIUM v FINGAL COUNTY COUNCIL High Court of Ireland Clarke J D 2 May 2006 [2006] IEHC 137 Public procurement - Delay - Whether applicant had demonstrated good reason for extending time limits - Challenge to award of contract for metering of non-domestic water supplies - Criteria used in tender evaluation process - Rules of the Superior Courts Ord 84(A), r. 4 E Facts A consortium led by Veolia Water UK plc (Veolia) (the plaintiff) brought proceedings challenging the evaluation process relied on by Fingal County Council (Fingal) (the defendant) in its award of the contract to supply F metering of non-domestic water supplies in respect of the four Dublin local authorities. Prior to the substantive hearing Fingal sought determination of a preliminary issue as to whether Veolia had complied with the rules governing time limits as laid down by the Rules of the Superior Courts Ord. 84(A), r. 4 (hereinafter r. 4). In the substantive proceedings Veolia raised a significant number of grounds, for challenging the award of the contract to its competitor. These grounds could G be grouped as follows: C 2007 Hart Publishing Ltd. CCC 1091-3297/07/010001 2,

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