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.