A legal challenge over the awarding of the €30 million to €40 million contract to replace uniforms for the Irish Defence Forces has been withdrawn after it was decided to terminate the competition, the Commercial Court heard.
Co Tyrone-based uniform supplier Cooneen Defence Ltd had brought the challenge against the Defence Forces and the Minister for Defence over the awarding of the contract.
An application was brought earlier in the week to have the case entered into the fast-track commercial division of the High Court but it was adjourned to Friday when Johnathan Newman SC, for the defendants, said the entry application was not being proceeded with on consent between the parties.
Counsel said arising out of correspondence between the parties recently the defendants had said they intended to terminate the competition and the application for entry to the commercial list was not now going ahead.
Mr Newman said this was by agreement with the Cooneen side and that there should also be an order for costs in favour of the company.
Counsel said the case should be struck out before the court. A similar application will be made next week when the matter is also before the High Court’s normal non-jury list.
Mr Justice Mark Sanfey agreed to strike it out with costs to the plaintiff.
The contract for the uniforms was open to businesses across the European Union and was for 10 years. It was subject to EU public procurement regulations which allow for legal challenges if an unsuccessful bidder is unhappy with how the process was carried out.
