Although not strictly a procurement issue, the decision in this case will be important. It concerns the levels of costs awards which can be made against unsuccessful challengers to government decisions, in this case concerning the environmental impact of a cement works.
The UK Supreme Court has asked the ECJ for a ruling to help it establish the correct principles.
The procurement ramification is that if it becomes less financially risky to make a Green Challenge and to lose, we may see more strategic challenges to infrastructure and other projects which may impact on the local environment; another potential hurdle to add to the existing hazards in complying with the regulatory regime.
A brake on growth, when growth is most needed?