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ARTICLE · 18 JUNE 2009

EU Procurement: The 3-Month Rule

Fenwick Elliott LLP
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It is well known that claims brought for a breach of the 2006 Public Contracts Regulations must be made within a tight 3 month time limit.

European UnionReal Estate and Construction

It is well known that claims brought for a breach of the 2006 Public Contracts Regulations must be made within a tight 3 month time limit. There have been two recent cases Brent London Borough Council v Risk Management Partners Ltd, [2009] EWCA Civ 490 and Amaryllis v HM Treasury, [2009] EWHC 962 (TCC) which have considered this principle.

Regulation 47(7) makes it clear that there is a two step process:

(7) Proceedings under this regulation must not be brought unless –

  1. the economic operator bringing the proceedings has informed the contracting authority ... of the breach or apprehended breach of the duty owed to it.....and of its intention to bring proceedings under this regulation in respect of it; and

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