The HSE is being sued by a company that failed to secure a €12 million contract to provide air ambulance services.
The action has been taken by Sere Holdings Ltd, which was informed in March that it had been unsuccessful in its tender to provide the services.
The contract was awarded to IAS Medical Limited following a public tender process.
The four-year contract pays the service provider €3m per year. The contract is due to commence next month.
In its High Court action against the HSE Sere claims that there were several breaches of the public procurement rules arising from the decision to award the contract to the other company.
Among its complaints Sere alleges that its rival did not meet the minimum turnover requirements that would allow the HSE award it the contract.
Declarations
As a result it seeks declarations from the court including that the decision to award the contract to the other party was unlawful.
It also wants a court order suspending the operation of the contract.
It further seeks an order for damages.
At the Commercial Court this week Mr Justice David Barniville admitted the action to the fast-track Commercial Court list. There were no objections to the matter being entered to the list.
The judge said he was also granting leave to IAS medical to bring a motion seeking to be jointed to the case as a notice party if it wants.
The judge, noting that the matter was suitable for entry, adjourned the case to a date next month.