Contract—Public procurement—European Union procurement regime

Eurostar International Ltd (Eurostar) is not a utility for the purpose of the Utilities Contracts Regulations 2006, SI 2006/6 (UCR) and is not a contracting authority for the purposes of the Public Contract Regulations 2006, SI 2006/5 (PCR). 

Sarah Hannaford QC and Jessica Stephens (instructed by Hogan Lovells International LLP) for Alstom. Michael Bowsher QC and Ewan West (instructed by Burges Salmon LLP) for Eurostar.

Eurostar operated a high-speed passenger rail service through the Channel Tunnel. In May 2009, Eurostar issued invitations to tender for a substantial and valuable contract for the design, supply and maintenance of a new generation of trains. In October 2010, Eurostar announced that Siemens plc (Siemens) would be awarded the contract. Alstom Transport (Alstom), which supplied the trains currently used by Eurostar, was an unsuccessful tenderer. Alstom claimed that the tender process conducted by Eurostar violated the EU procurement regime. Alstom claimed that the technical