28 April 2017
Nuclear Decommissioning Authority v EnergySolutions EU Ltd [2017] UKSC 34, [2017] All ER (D) 53 (Apr)
The Supreme Court allowed the appellant non-departmental public body’s appeal in part, in proceedings arising out of the tendering process to decommission sites formerly used for nuclear generation. The court considered the application of the principles in Francovich and Bonifaci v Italy: C-6/90 and C-9/90 [1991] ECR I-5357 and held that, among other things, the Public Contracts Regulations 2006 (SI 2006/5), as amended, had to be read as providing for damages only upon satisfaction of the Francovich conditions.
