Background and Facts
The Remedies Regulations1 (Remedies Regulations)
introduced the concept of an automatic suspension preventing the
award of a procurable contract if proceedings are issued
challenging the tender procedure for the award of that
contract.
Following the decisions of the High Court, affirmed by the
Supreme Court for different reasons, in OCS One Complete Solution
Limited v Dublin Airport Authority plc2 in 2014 and 2015, the
Minister for Public Expenditure and Reform has made amending Irish
Remedies Regulations in both the public and utilities sectors dated
30 April 2015 and published in May 2015 (the 2015
Regulations)3.
The main object of the 2015 Regulations is to give the High
Court jurisdiction to make orders lifting the automatic suspension,
at interim or interlocutory stage (not just after full trial),
thereby reversing the decision of the Supreme Court in OCS in its
interpretation of the Remedies Regulations.