Alstom and declarations of ineffectiveness


Alstom Eurostar Transport Ltd v. International


Limited [2011] EWHC 1828 (Ch) was a case about the Utilities Contracts Regulations 2006, rather than the Public Contract the


Regulations, relevant concerning declarations but


provisions - of


ineffectiveness - are very similar.


Under reg. 47J of the Public Contract


Regulations, and


where the challenged contract has


to make a declaration ineffectiveness.


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into, the Court is in certain circumstances


required of


Providing information to unsuccessful tenderers


Regulation 32 of the Public Contract Regulations requires


an award notice


which includes the reasons for the decision, including the characteristics and relative advantages of the successful tender. Upon request from a tenderer, the authority must provide reasons why the tenderer was unsuccessful. However,


there of the remains


very little case-law on the extent


information


which must be provided to unsuccessful


tenderers in order to comply with reg. 32.


In Alstom v Eurostar [2011] EWHC 1828 J


described


(Ch), Mann the


further


information required by the regulations.


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