Source: All England Reporter
Publisher Citation: [2012] All ER (D) 173 (Jan)
Neutral Citation: [2012] EWHC 28 (Ch)
Court: Chancery Division
Judge:

Roth J
Representation Sarah Hannaford QC and Jessica Stephens (instructed by Hogan Lovells International LLP) for the claimant.
  Michael Bowsher QC and Ewan West (instructed by Burges Salmon LLP) for Eurostar.
Judgment Dates: 20 January 2012

Catchwords

Contract - Public contract - Public procurement - Eurostar tendering for new supply of trains - Claimant unsuccessful tenderer - Claimant contending tender process in breach of regulations based on European Directives - Eurostar denying directives applicable - Proper approach to interpreting directives - Whether Eurostar rendered public authority due to receipt of substantial state aid - Whether regulations applying to Eurostar - Utilities Contracts Regulations 2006, - Public Contract Regulations 2006, .

The Case

Contract Public contract. In holding that Eurostar was not a public authority for the purposes of the Utilities Contracts Regulations 2006, , or a contracting authority for the purposes of the Public Contract Regulations 2006, , the Chancery Division ruled that (i) there was no general requirement of EU law for a national court to disapply, in a claim against a private party, provisions of national law that were inconsistent with a directive; and (ii) the fact that an undertaking was able to continue trading due to very substantial state aid did not of itself preclude it from being of an industrial or commercial character within the terms of the procurement directives; it was necessary to consider all the circumstances.

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