Alstom Transport v Eurostar International Ltd & Anor

Alstom Transport v Eurostar International Ltd & Anor

Although ALSTOM demonstrated a serious issue to be tried regarding transparency and disclosure breaches in the procurement process, the balance of convenience and public interest strongly favoured Eurostar. Damages would not be an adequate remedy for either side, but the likely prejudice to Eurostar and the public from delay outweighed ALSTOM's position. ALSTOM was unlikely to obtain an order setting aside the procurement decision at trial, as the alleged breaches were unlikely to have affected the outcome. Therefore, interim relief was refused.

Parties
Claimant: ALSTOM Transport; Defendant: Eurostar International Limited; Defendant: Siemens PLC
Jurisdiction
England and Wales
Judgment Date
29 October 2010
Procedural Posture
Civil Procurement/commercial / Interim Application for Injunction
Outcome
Application for interim injunction dismissed
Legal Topics
Interim Injunctions, Transparency in Procurement, Equal Treatment, Evaluation Criteria Disclosure, Remedies Under Utilities Contracts Regulations
Public Procurement Commercial Law EU Law Interim Injunctions Transparency in Procurement Equal Treatment Evaluation Criteria Disclosure Remedies Under Utilities Contracts Regulations

Case Brief

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Parties

ALSTOM Transport

Claimant

Eurostar International Limited

Defendant

Siemens PLC

Defendant

Procedural Posture

Civil Procurement/commercial / Interim Application for Injunction

Legal Issues

  1. 1 Whether Eurostar breached the Utilities Contracts Regulations 2006 and/or EU Treaty principles in its procurement process for high speed trains
  2. 2 Whether the technical specification and evaluation process were sufficiently precise and transparent
  3. 3 Whether damages would be an adequate remedy for ALSTOM

Ratio Decidendi

Although ALSTOM demonstrated a serious issue to be tried regarding transparency and disclosure breaches in the procurement process, the balance of convenience and public interest strongly favoured Eurostar. Damages would not be an adequate remedy for either side, but the likely prejudice to Eurostar and the public from delay outweighed ALSTOM's position. ALSTOM was unlikely to obtain an order setting aside the procurement decision at trial, as the alleged breaches were unlikely to have affected the outcome. Therefore, interim relief was refused.

Court Disposition

Application for interim injunction dismissed

Orders

  • ALSTOM’s application for interim relief is dismissed.