PART 9Applications to the Court

Remedies where the contract has not been entered into58

1

Paragraph (2) applies where—

a

the Court is satisfied that a decision or action taken by a contracting authority was in breach of the duty owed in accordance with regulation 51; and

b

the contract has not yet been entered into.

2

In those circumstances, the Court may do one or more of the following—

a

order the setting aside of the decision or action concerned;

b

order the contracting authority to amend any document;

c

award damages to an economic operator which has suffered loss or damage as a consequence of the breach.

3

This regulation does not prejudice any other powers of the Court.