Action against State procurement agency over motorway services
Published 13/10/2015 | 02:30
Two fuel companies want the Commercial Court to overturn a decision that a rival can build multi-million euro service stations on two motorways and operate a third.
Applegreen and Tedcastles Oil Products, who formed a consortium called "SuperStop 2" to bid for the project, want the court to quash a May 18 decision making Topaz the preferred tenderer.
They want the court to order that SuperStop was the "most economically advantageous tenderer" to design, build, operate and finance service stations on the M6 in Athlone and on the M9 in Kilcullen. The contract includes the fit-out and operation of a third station near Gorey on the M11.
SuperStop brought proceedings against Transport Infrastructure Ireland (TII), a State agency.
The case was admitted to the Commercial Court by Mr Justice Brian McGovern on consent between the parties. The judge also ordered that another bidder, Maxol, be joined as a notice party in the case.
SuperStop says it has already invested around €28m on the services areas. It claims TII failed, among other things, to evaluate tenders in accordance with a revised "invitation to tender" issued to bidders, saying it thereby breached EU law as well as SuperStop's right to fair procedures and natural justice.
The case continues.