PART 5REMEDIES

CHAPTER 9APPLICATIONS TO THE COURT

General interest grounds for not making a declaration of ineffectivenessI157

1

The court may decline to make an ineffectiveness order if the court is satisfied that overriding reasons relating to a general interest require that the enforceability of the rights and obligations arising from the concession contract should be maintained.

2

For the purposes of paragraph (1)—

a

economic interests directly linked to the concession contract do not constitute overriding reasons relating to a general interest; and

b

economic interests in the effectiveness of the concession contract may only be considered as overriding reasons relating to a general interest in exceptional circumstances where ineffectiveness would lead to disproportionate consequences.

3

For the purposes of paragraph (2)(a), economic interests directly linked to the concession contract include the costs—

a

resulting from the delay in the performance of the concession contract;

b

resulting from the commencement of a new procurement;

c

resulting from the change of the economic operator performing the concession contract; and

d

of legal obligations resulting from an ineffectiveness order.