Whitney Moore

Experts

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Cathy McFadden
Senior Associate
Whitney Moore
Contributions by Whitney Moore Experts

2

Ireland—Public procurement: rights and remedies of unsuccessful bidders and tenderers
Ireland—Public procurement: rights and remedies of unsuccessful bidders and tenderers
Practice Notes

IntroductionThis Practice Note considers some of the key steps an unsuccessful bidder or tenderer may take after being notified that it has not been awarded an Irish public procurement contract. It explains how to assess and pursue a challenge, including standstill letters and periods, limitation periods, High Court proceedings, automatic suspension and interim measures, and the remedies available before and after contract signature, including setting aside, ineffectiveness, alternative penalties, damages and discovery.For an overview of the Irish public procurement law regime, see Practice Note: Ireland—Public procurement law—fundamental principles.For guidance on EU public procurement, see: EU public procurement (EU Law)—overview.As with any competition or contest, there are almost invariably disappointed tenderers or bidders whenever the results of a public procurement process have been announced. This Practice Note analyses the legal rights of those unsuccessful or disappointed bidders/tenderers. While each case turns on its own facts, this Practice Note analyses the legal remedies which are usually available.It is worth emphasising

Ireland—Screening of Third Country Transactions Act 2023 (Ireland)
Ireland—Screening of Third Country Transactions Act 2023 (Ireland)
Practice Notes

The Screening of Third Country Transactions Act 2023 (Ireland) (STCTA 2023 (IRL)) introduces Ireland’s first foreign direct investment screening regime and gives effect to gives to Regulation (EU) 2019/452, more commonly known as the EU Foreign Direct Investment Regulation. Certain transactions involving third countries (including third country nationals and/or third country undertakings) must now be notified to the Minister for Enterprise, Trade and Employment in Ireland (the Minister), who has the power to block, or impose conditions on, such transactions. This Practice Note summarises some of the key aspects of STCTA 2023 (IRL), together with the notification requirements under STCTA 2023 (IRL).

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