Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors [2015] EWHC 90 (QB) (22 January 2015)

Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors [2015] EWHC 90 (QB) (22 January 2015)

The arrangements between HMRC/HMT and NS&I for delivery of TFC accounts are internal administrative mechanisms between government departments and do not constitute a public services contract under the Regulations. Any amendments to the Outsourcing Contract with Atos do not amount to a material variation requiring fresh procurement. Edenred lacks realistic standing as an economic operator, as it would not have qualified for the Outsourcing Contract and could not have competed for the delivery of TFC accounts. Article 56 TFEU is not engaged.

Citation
[2015] EWHC 90 (QB)
Parties
Claimant: Edenred (UK Group) Limited; First Defendant: Her Majesty's Treasury; Second Defendant: Her Majesty's Commissioners for Revenue and Customs; Third Defendant: National Savings and Investments
Jurisdiction
England and Wales
Judgment Date
22 January 2015
Procedural Posture
Part 7 Claim (with Stayed Judicial Review Proceedings) / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Public Contracts Regulations 2006, Material Variation of Public Contracts, Article 56 TFEU, Government Policy Delivery, Standing of Economic Operators
Public Procurement Administrative Law European Union Law Public Contracts Regulations 2006 Material Variation of Public Contracts Article 56 TFEU Government Policy Delivery Standing of Economic Operators

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Edenred (UK Group) Limited

Claimant

Her Majesty's Treasury

First Defendant

Her Majesty's Commissioners for Revenue and Customs

Second Defendant

National Savings and Investments

Third Defendant

Procedural Posture

Part 7 Claim (with Stayed Judicial Review Proceedings) / Trial Judgment

Legal Issues

  1. 1 Whether the arrangements between HMRC/HMT and NS&I constitute a public services contract under the Public Contracts Regulations 2006
  2. 2 Whether the arrangements amount to a material variation of the existing Outsourcing Contract between NS&I and Atos
  3. 3 Whether Edenred has standing as an economic operator to challenge the arrangements

Ratio Decidendi

The arrangements between HMRC/HMT and NS&I for delivery of TFC accounts are internal administrative mechanisms between government departments and do not constitute a public services contract under the Regulations. Any amendments to the Outsourcing Contract with Atos do not amount to a material variation requiring fresh procurement. Edenred lacks realistic standing as an economic operator, as it would not have qualified for the Outsourcing Contract and could not have competed for the delivery of TFC accounts. Article 56 TFEU is not engaged.

Court Disposition

Claim dismissed