Band bows out while MCD disputes tender process

The Rolling Stones concert in Dublin's Phoenix Park planned for August 18th next is not proceeding, the High Court was told yesterday. Instead the band will now be playing a concert in Spain on that date.

Jim O'Callaghan, for the Office of Public Works (OPW), said his side had heard from Aiken Promotions Ltd in recent days that the band will not be playing in the Phoenix Park but he was unaware at this point as to the reason why.

He was speaking during the mentioning of a legal challenge brought by MCD Promotions to the OPW decision proposing to award the contract for the Rolling Stones concert to Aiken Promotions Limited.

Mr O'Callaghan yesterday raised the issue of whether the MCD proceedings had created uncertainty about the event which affected it going ahead but Maurice Collins SC, for MCD, denied the proceedings could have had any effect on the planned concert.

He said his side had never sought an injunction in the matter but instead sought to have the court determine matters relating to the manner in which the OPW dealt with the contract process.

The president of the High Court, Mr Justice Joseph Finnegan, said it would be more appropriate to deal with such issues at a later stage and he listed the case for further mention on April 7th.

Both sides said they were anxious to have an early hearing of the action.

MCD had complained the contract was being awarded to Aiken although MCD's €425,000 bid for a single commercial event in the park, involving an average ticket price of €90, was worth more than the combined value of the initial bid by Aiken for the right to stage both a commercial and free event in the park.

In the judicial review proceedings, MCD contends the decision to award the tender to Aiken Promotions breached EU law and also breached Irish government procurement guidelines.

The failure by MCD to procure the contract breached provisions regarding equality of treatment and transparency of the tender process, it also claims.