Edenred (UK Group) Limited and another v Her Majesty’s Treasury and others

Edenred (UK Group) Limited and another v Her Majesty’s Treasury and others

The proposed amendment to the Atos contract does not considerably extend the scope of the contract as the initial procurement documents and contract envisaged expansion of B2B services, including the TFC scheme, within the stated contract value and scope. The review and amendment clauses are sufficiently clear and precise. The arrangements between HMRC and NS&I do not constitute a public services contract subject to procurement rules. Therefore, there is no breach of EU procurement law.

Parties
Appellant: Edenred (UK Group) Limited; Appellant: Childcare Voucher Providers Association; Respondent: Her Majesty’s Treasury; Respondent: National Savings and Investments (NS&I); Respondent: Atos IT Services Ltd
Jurisdiction
England and Wales
Judgment Date
01 July 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Contract Modification, Judicial Review, Public Contracts Regulations, EU Procurement Directives
Public Procurement Law Administrative Law European Union Law Contract Modification Judicial Review Public Contracts Regulations EU Procurement Directives

Case Brief

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Parties

Edenred (UK Group) Limited

Appellant

Childcare Voucher Providers Association

Appellant

Her Majesty’s Treasury

Respondent

National Savings and Investments (NS&I)

Respondent

Atos IT Services Ltd

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the proposed amendment to the Atos contract constitutes a material variation requiring a new procurement under EU law
  2. 2 Whether the arrangements between HMRC and NS&I constitute a public services contract subject to procurement rules
  3. 3 Whether the review clauses in the Atos contract are sufficiently clear, precise and unequivocal under Regulation 72(1)(a) of the 2015 Regulations

Ratio Decidendi

The proposed amendment to the Atos contract does not considerably extend the scope of the contract as the initial procurement documents and contract envisaged expansion of B2B services, including the TFC scheme, within the stated contract value and scope. The review and amendment clauses are sufficiently clear and precise. The arrangements between HMRC and NS&I do not constitute a public services contract subject to procurement rules. Therefore, there is no breach of EU procurement law.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed