PART 5Remedies
CHAPTER 2Applications to the court
Remedies where the concession contract has been entered into59
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.