The High Court has cleared the way for the winner of a multi-million euro contract for the new Dublin Institute of Technology (DIT) campus at Grangegorman to proceed with the project.
Mr Justice Max Barrett refused an application for an injunction from Netherlands-based joint venture BAM PPP PGGM Infrastructure Coöperatie UA (BAM), over the awarding of the contract to a consortium called Eriugena.
BAM wanted the court to set aside the decision to award the contract to Eriugena, which was made by the National Treasury Management Agency (NTMA) and the Minister for Education and Skills Jan O'Sullivan.
BAM claimed there was no lawful basis to exclude it from the process because Eriugena did not submit its tender before the deadline.
The defendants dispute the claims.
The judge said the legal challenge meant an automatic suspension arose whereby the defendants were precluded from concluding the contract to build, pending the court’s decision.
The challenge was brought under European Communities (Public Authorities Contracts Review Procedure) Regulations 2010.
However, during 2015, new regulations introduced an entitlement for the defendants to apply to the High Court to lift the automatic suspension.
Ruling in favour of Eriugena, the judge said it would not be appropriate to grant an injunction restraining the contracting authority from entering the contract.
The balance of convenience rested in favour of the defendants and against granting the injunction, he said.
The court was satisfied to make an order permitting the conclusion of the contract.
The judge considered the order permitting conclusion of the contract should only become operative once the defendant provides an undertaking as to damages should BAM win its main case over the matter.
