Two major fuel companies want the Commercial Court to overturn a decision that a rival can build multimillion-euro service stations on two motorways and be the operator on a third.
Applegreen plc and Tedcastles Oil Products, which formed a consortium called “SuperStop 2” to bid for projects, want the court to quash a May 18th decision that Topaz was the preferred tenderer.
They want the court to order SuperStop was the “most economically advantageous tenderer” to design, build, operate and finance service stations on the M6 in Athlone and the M9 in Kilcullen.
The contract would also include the fitout and operation of a third station near Gorey on the M11.
They have brought proceedings against Transport Infrastructure Ireland, formed by the merger of the National Roads Authority and the Railway Procurement Agency, under 2015 legislation.
The case was admitted to the fast-track Commercial Court list by Mr Justice Brian McGovern on consent between the parties. The judge also ordered Maxol, another bidder, be joined as a notice party in the case.
SuperStop says it has already invested around €13 million on building motorway junctions to provide access to the service areas on the M6 and M9 service stations.
It has spent €15 million doing the same in Gorey and in building the actual service area. It is spending €14,000 a month on security at the Gorey service station in the absence of an operator, it says.
