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Before: MR JUSTICE VOS - Between: ALSTOM Transport (Claimant) and (1) Eurostar International Limited (2) Siemens PLC (Defendants)

Document Summary

The judgement of the High Court of Justice on the application for an interim injunction brought by Alstom in order to restrain Eurostar from entering into an agreement with Siemens for the design, supply and maintenance of 10 high speed train sets, with an option for a further 13 train sets.

This document was published on 29th October 2010 by Royal Courts of Justice.

It was written by Royal Courts of Justice.

The original document format was PDF File, and comprised 36 pages.

This document was kindly sourced from Nicholas Garthwaite and is in our Court documents collection. It was added to the Archive on 24th January 2011.

Copyright Information

This document is Crown Copyright, and is subject to the terms governing the reproduction of crown copyright material. Depending on the status and age of the original document, you may need an OPSI click-use license if you wish to reproduce this material, and other restrictions may apply. Please see this explanation for further details.

"For the reasons I have sought to give, whilst I find that ALSTOM has a serious case to be tried in some areas of its complaint that Eurostar has breached the 2006 Regulations in the process of procuring its 10 new train sets, I do not think that the balance of convenience lies in favour of granting any interim relief. In my view, it would be unjust and inappropriate to freeze the tendering process to allow a trial to take place, and thereby prevent Eurostar progressing its contract with Siemens and bringing forward its new rolling stock as quickly as possible. As I have said, I regard it as unlikely that ALSTOM will demonstrate at trial that it would have secured the contract, even absent the alleged breaches. In the result, therefore, it will probably not achieve an order setting aside the award of the Agreement to Siemens.

For these reasons, I dismiss ALSTOM's application. I will hear counsel on any ancillary questions."

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