Challenge on three grounds
• Conflict of interest – former employee of contracting authority now employed by parent company of successful bidder
• Manifest errors and/or breach of obligation of transparency
• Breach of obligation of equal treatment
The judgement in summary:
Lifting of automatic suspension was successful – Damages held to be an adequate remedy and no exceptional circumstances justifying suspension. Court found that there is a serious issue to be tried.
Early specific disclosure ordered:
• All evaluation notes of individual evaluators
• All moderation notes of individual moderator
• All notes and / or minutes of all evaluators’ meetings, including
moderation meetings
• All documents produced for training, guidance or instruction of
evaluators/moderators, including any model answers
• All documents relating to any actual or potential conflict of interest and
steps taken to address these
In2 the bargain 