Matra Communication SAS v Home Office, Court of Appeal - Civil Division, February 25, 1999, [1999] 1 WLR 1646,[1999] EWCA Civ 860
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Matra Communication SAS v Home Office, Court of Appeal - Civil Division, February 25, 1999, [1999] 1 WLR 1646,[1999] EWCA Civ 860
IN THE SUPREME COURT OF JUDICATURE CHANF 98/1130/3COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM THE HIGH COURT OF JUSTICECHANCERY DIVISION(Mr. Justice Rattee) Royal Courts of Justice Strand London WC2A 2LL Thursday, 25th February 1999 B e f o r e : LORD JUSTICE HIRST LORD JUSTICE MUMMERY LORD JUSTICE BUXTON - - - - - - - - MATRA COMMUNICATION SAS Appellant - v - HOME OFFICE Respondent - - - - - - - - (Handed down transcript of Smith Bernal Reporting Limited 180 Fleet Street, London EC4A 2HD Tel: 0171 421 4040 Fax: 404 1424 Official Shorthand Writers to the Court) - - - - - - - -MR. D. VAUGHAN Q.C. and MR. M. BREALEY (instructed by Messrs Nabarro Nathanson, London, W1) appeared on behalf of the Appellant.MR. C. FLINT Q.C. and MR. A. LEWIS (instructed by The Treasury Solicitor) appeared on behalf of the Respondent. - - - - - - - - J U D G M E N T (As approved by the Court) Crown CopyrightBUXTON LJ:IntroductionThis appeal from a judgment of Rattee J delivered on 31 July 1998 turns on the compatibility with Community law of the three month time-limit for bringing claims that is imposed by regulation 32(4)(b) of the Public Services Contracts Regulations 1993 [the Regulations]. Other issues were considered by the judge and were ventilated before us, but as will become apparent the issue just set out is the main point of substance in the appeal.The factsThe plaintiff, Matra Communication SAS [Matra], is a French company that specialises in the design of the type of mobile radio telephone systems that are used by limited groups on a secure basis. The system that it offers for this purpose is called TETRAPOL: the nature of which it is fortunately not necessary for the purposes of this judgment for me to explicate further. The main rival system, offered by a consortium called Quadrant, of which BT plc is a member, is based on technology called TETRA.In July 1995 the Home Office issued a consultation document that set out what were likely to be the requirements for a new secure radio system for the police service; but envisaging that the selected system was likely to be attractive also to other public service users, such as the fire service. This proje...See the full content of this document
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