PART 3REMEDIES

C1CHAPTER 6APPLICATIONS TO THE COURT

Annotations:
Modifications etc. (not altering text)

General interest grounds for not making a declaration of ineffectiveness93

1

The court may decline to make an ineffectiveness order where the court is satisfied that overriding reasons relating to a general interest require that the enforceability of the rights and obligations arising from the contract or framework agreement should be maintained.

2

For the purposes of paragraph (1)—

a

economic interests directly linked to the contract or framework agreement do not constitute overriding reasons relating to a general interest; and

b

economic interests in the effectiveness of the contract or framework agreement may only be considered as overriding reasons relating to a general interest in exceptional circumstances where ineffectiveness would lead to disproportionate consequences.

3

For the purposes of paragraph (2)(a), economic interests directly linked to the contract or framework agreement include the costs—

a

resulting from the delay in the performance of the contract or framework agreement;

b

resulting from the commencement of a new procurement procedure;

c

resulting from the change of the economic operator performing the contract or framework agreement; and

d

of legal obligations resulting from an ineffectiveness order.