Regulation 91 – Enforcement of duties through the Court

Commentary

Regulation 91 PCR2015 determines that economic operators can enforce the duties owed to them under Regulations 89 and 90 through the Court and, in particular, Regulation 91(2) assigns competence for such proceedings to the High Court.

Regulation 91(1) PCR2015 determines that breach of the duty owed in accordance with regulations 89 or 90 is actionable by any economic operator which, in consequence, suffers, or risks suffering, loss or damage. In what concerns legal standing by the economic operator, all which is required is at least a risk of suffering loss or damage arising from the breach of the duties contained in Regulations 89 and 90. This is not necessarily limited to those that actually participated in the tender procedure and other economic operators can claim if they believe that the breach of the PCR2015 prevented them from participating. On this topic see P Craig and M Trybus, “England and Wales”, in R Noguellou & U Stelkens, Comparative law on public contracts (Brussels, Bruylant, 2010) 339, 360.

Last modified: December 6, 2016 by Pedro Telles

91.—(1) A breach of the duty owed in accordance with regulation 89 or 90 is actionable by any economic operator which, in consequence, suffers, or risks suffering, loss or damage.

(2) Proceedings for that purpose must be started in the High Court, and regulations 92 to 104 apply to such proceedings.