PART 3REMEDIES
CHAPTER 6APPLICATIONS TO THE COURT
Remedies where the contract has not been entered into97
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 89 or 90; 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.