Remedies where the concession contract has been entered into
59.—(1) Paragraph (2) applies if—
(a)the Court is satisfied that a decision or action taken by a contracting authority or utility was in breach of the duty owed in accordance with regulation 50 or 51; and
(b)the concession contract has already been entered into.
(2) In those circumstances, the Court—
(a)must, if it is satisfied that any of the grounds for ineffectiveness applies, make a declaration of ineffectiveness in respect of the concession contract unless regulation 61 requires the Court not to do so;
(b)must, where required by regulation 63, impose penalties in accordance with that regulation;
(c)may award damages to an economic operator which has suffered loss or damage as a consequence of the breach, regardless of whether the Court also acts as described in sub-paragraphs (a) and (b);
(d)must not order any other remedies.
(3) Paragraph (2)(d) does not prejudice any power of the Court under regulation 62(3) or 63(12).
(4) Regulation 58(3) and (4)(b) and (c) apply for the purposes of this regulation in the case of a breach mentioned in paragraph (1)(a) by a utility.