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expert lawyers
in public contracts
independent expert in public law and in particular in law
public and private commissions.
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expert lawyers
in public contracts
independent expert in public law and in particular in law
public and private commissions.
A Team of Expert Lawyers in Public Contracts "data-lazyload =" https://www.sebastien-palmier-avocat.com/wp-content/plugins/revslider/admin/assets/images/transparent.png "data-bgposition = "center center" data-bgfit = "cover" data-bgrepeat = "no-repeat" class = "rev-slidebg" data-no-retina>
Legal News
Successive pre-contractual referrals: it's possible as long as the contract is not signed!
CE December 8, 2020, Sté Pompes funèbres funérarium, n °440704
As long as the contract is not signed, a candidate evicted or prevented from participating in a publicity and competition procedure can introduce several successive pre-contractual summary proceedings. Only the signing of the contract renders the pre-contractual summary inadmissible.
What you must remember :
Point n ° 1: The possibility of introducing several successive pre-contractual summary proceedings as long as the contract has not been signed
The introduction of a pre-contractual summary is not locked into any particular time limit. Article L 551-1 of the CJA only indicates that the judge must be consulted before the contract is concluded. Thus, the fact that more than two months have elapsed between the notification of the rejection of the offer and the lodging of the request has no effect on the admissibility of the latter since the contract is not yet signed (CE December 14, 2009, municipality of La Roche-sur-Yon, n ° 325830).
Administration behavior allowing tacit termination of the contract to be revealed
CE December 11, 2020, Copra Mediterranean Company, req. n °427616
In this judgment, the Council of State specifies the cases in which a contract must be regarded as tacitly terminated when, by his behavior, the public person must be regarded as having decided to terminate, unequivocally, the contractual relations.
What you must remember :
Point n ° 1: The termination of a contract results in principle from an express decision of the contracting public entity
The termination of a public contract results in principle from an express decision of the contracting public entity.
The impossibility of the contracting party to request the nullity of his own contract!
In that case, the Conseil d'État recalls that the fairness of the contractual relations precludes a co-contracting party from availing itself of the irregularities that it may have committed to claim the nullity of its own contract and to release itself from its contractual obligations.
Teaching n ° 1: No one can invoke his own turpitude to question his contract
In its judgment of 28 December 2009, Beziers I ", The Council of State has already had the opportunity to recall in his famous decision" Beziers I " than " the irregularities on which the parties rely are those which, having regard to the requirement of fair contractual relations, may be invoked before it (CE Ass 28 December 2009, application No. 304802)
On the responsibility of public accountants in matters of public procurement control
CE December 6, 2019, Minister of Action and Public Accounts, req.n ° 425542
In this case, the Council of State recalls the basis of the responsibility of public accountants in matters of control of public contracts and the procedures for assessing the existence of any financial loss linked to control failures
Folder of the month
An ousted candidate who has submitted an irregular offer may contest the award of the contract to an offer which is also irregular
CE May 27, 2020, Sté Clean Building, n ° 435982
The Council of State now considers that within the framework of a pre-contractual or contractual summary procedure, the fact that the offer of the ousted competitor is irregular does not prevent it from being able to take advantage of the irregularity of the offer of the company awarded the contract to obtain the cancellation of the procedure or the contract. In this hypothesis, the judge in summary proceedings cannot invoke the irregularity of the offer of the ousted candidate and must examine the regularity of the offer of the successful candidate.
