Consultation On Time Limits For Procurement Law Claims

The Cabinet Office has published a consultation document seeking views on options for amending the statutory time limit for bringing proceedings for breach of the public procurement rules. The European Court of Justice (ECJ) recently held, in the Uniplex case, that the current limitation rules in the UK public procurement Regulations do not comply with EU law.

The current rules

Under the current rules proceedings to challenge a decision by a contracting authority for alleged breach of the public procurement rules should be brought "promptly and in any event within three months from the date when grounds for the bringing of the proceedings first arose, unless the Court considers that there is good reason for extending the period".  A recent amendment to the definition of "promptly", following the implementation of the new EU Remedies Directive (Directive 2007/66), ensures that proceedings never need to be brought before the expiry of the 10/15 day standstill period.