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.