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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