A country wide group of small businesses, including Kildare managed Copier Supplier EMS Copiers, have successfully taken legal action against the government for effectively changing the basic terms and conditions of a public tender after it had been agreed.
The group instructed James Wall Solicitors based in Clane to challenge the position adopted by the State. James Wall stated “The case was fully defended at great expense but the High Court agreed with the applicant companies’ position which was that the Minister had no entitlement to interfere with the procedure after it had concluded and as a result rule out the possibility of local businesses doing business with other local businesses. The Court held that any interference was unlawful and therefore ineffective”.
That ruling is binding on the government but the State has not yet taken any positive action to implement the decision.