A Franco/German helicopter manufacturer wants reasons from the Minister for Defence as to why its tender to supply helicopters to the State was rejected, the High Court was told yesterday. Eurocopter, based in Marseille, is also seeking reasons why the contract was awarded to Sikorsky.
Mr Justice McKechnie gave leave to Eurocopter to bring judicial review proceedings against the Minister and State in which the company will seek a declaration that the Minister failed to comply with a European Council directive to furnish it with full details of the tender selected. He also allowed Eurocopter leave to seek a declaration that the Minister had failed to furnish it with reasons for the rejection of its tender and why Sikorsky got the contract.
Eurocopter will also seek a declaration that the Minister is guilty of a breach of the principles of transparency, fairness and good faith "which underpin and govern" the operation and implementation of council directives. Mr John Rogers SC, for Eurocopter, said his client was not seeking to impugn the decision of the Minister.
Eurocopter submitted a proposal to the Department in April 2001. Four parties, including Eurocopter and Sikorsky, were invited to submit formal tenders. A process of review and assessment of the tenders was carried out by an expert group. On January 17th, the Department announced the Minister had authorised it to open negotiations with Sikorsky.
The case was returned to February 22nd.