Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors (Rev 1)

Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors (Rev 1)

The MoU between HMRC and NS&I is not a public contract under the 2006 Regulations as it is not legally binding. The proposed amendments to the Atos contract for TFC services fall within the scope of the original contract and were anticipated by the contract's change provisions and the OJEU notice. The amendments do not constitute a material variation requiring a new procurement process, nor do they infringe Article 56 TFEU. There is no evidence that additional bidders would have been attracted or that Edenred suffered loss as a result of the arrangements.

Parties
Appellant: Edenred (UK Group) Limited; Respondents: Her Majesty’s Treasury and Others
Jurisdiction
England and Wales
Judgment Date
31 March 2015
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Public Contracts, Variation of Contracts, Intra Government Arrangements, Article 56 TFEU, Public Contracts Regulations 2006, Directive 2004/18/ec, Directive 2014/24/eu
Public Procurement Law European Union Law Administrative Law Public Contracts Variation of Contracts Intra Government Arrangements Article 56 TFEU Public Contracts Regulations 2006 +2 more

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Parties

Edenred (UK Group) Limited

Appellant

Her Majesty’s Treasury and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the arrangements for delivery of Tax-Free Childcare (TFC) by NS&I and Atos without competitive tendering breached the Public Contracts Regulations 2006 and Article 56 TFEU
  2. 2 Whether the MoU between HMRC and NS&I constituted a public services contract under the 2006 Regulations
  3. 3 Whether the proposed amendments to the Atos contract amounted to a material variation requiring a new procurement process

Ratio Decidendi

The MoU between HMRC and NS&I is not a public contract under the 2006 Regulations as it is not legally binding. The proposed amendments to the Atos contract for TFC services fall within the scope of the original contract and were anticipated by the contract's change provisions and the OJEU notice. The amendments do not constitute a material variation requiring a new procurement process, nor do they infringe Article 56 TFEU. There is no evidence that additional bidders would have been attracted or that Edenred suffered loss as a result of the arrangements.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no relief granted to Edenred