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A team of Expert Lawyers
in Public and Private Contracts
Cabinet Palmier - Brault - Associés is a law firm specializing in public law and particularly in public contract law. His expertise in these fields of activity is recognized nationally and internationally.
The firm consists of experienced and responsive lawyers, able to handle the most complex cases in short time, providing solutions tailored to the needs of its customers.
Their particular expertise makes it possible to ensure legal security of decision-making and to provide very high quality assistance both in terms of advice and litigation.
Maître Sébastien Palmier holds the certificate of specialization in public law and is a member of the Commission of the Exercise of Law of the National Bar Council as an expert in public procurement.
The necessary vigilance of public purchasers in public procurement of legal services
Master Sébastien PALMIER participated in the drafting of the second version of the vademecum of the Exercise of Law under the auspices of the National Bar Council. Enriched with recent case law, this updated document of the latest legislative and regulatory developments applicable in this area contains a general presentation of the regulation of the exercise of the right (persons authorized to exercise legal or judicial activity - extent of legal jurisdiction appropriate - conditions of qualification or professional experience).
With a specific part dedicated to public procurement of legal services written by Master Sébastien PALMIER. This vademecum of the Exercise of Law is a useful complement to some points left unresolved by the new fact sheet of the Legal Affairs Department of Bercy relative to legal services contracts.
Cabinet Palmier - Brault - Associés is composed of experienced lawyers who have a reputable professional practice in four fields of activity. Each center of expertise is led by Me Sébastien PALMIER or by Valérie BRAULT in pairs with three senior employees for optimum customer responsiveness and support.
LAWYER PUBLIC PROCUREMENT
Under the direction of Sébastien Palmier and Valérie Brault, the firm's lawyers have developed a recognized expertise in public procurement law. The firm intervenes very regularly both in terms of advice and litigation to legally secure complex contractual arrangements and public procurement procedures but also to defend the interests of public purchasers and companies before the administrative courts either at the stage of the awarding or execution of public contracts
The lawyers of the Cabinet Palmier - Brault - Associés intervene regularly, as well in council as in litigation, on all the questions concerning the problems of public law that it is in law of urbanism, right of the public domain or right of public service. This ability to manage cross-cutting issues of public law strengthens the advice provided to public or private clients in public contracts
Me Sébastien PALMIER has developed a real expertise in pre-contractual summary which made the reputation of the firm. The firm handles an average of 20 pre-contractual summary files per year, both on request, for unsuccessful candidates and defendants, for contracting authorities and contracting entities. This nationally recognized expertise also provides pragmatic and tailored advice to legally secure contractual procedures and arrangements.
OF PUBLIC SERVICE
Under the direction of Sébastien Palmier and Valérie Brault, the firm has developed a recognized expertise in project engineering and has a perfect mastery of public concession contracts that can be concluded both for the needs of the organization. public services of local authorities for the enhancement of their public domain (concessions to operate seaports, school transport, sanitation, district heating, casinos).
TA Versailles, Ord.21 septembre 2020, Sté Atelier Jean-Baptiste Chapuis, n°2005666
Le juge du référé précontractuel du Tribunal administratif de Versailles rappelle qu’aucun texte, ni aucun principe n'interdit à un acheteur public de prévoir l'attribution d'une note technique éliminatoire dès lors que cette information a été portée à la connaissance de l'ensemble des candidats. Cela étant, en cas de contentieux, le niveau d’élimination peut faire l’objet d’un contrôle de la part du juge qui tiendra alors compte de la spécificité des prestations.
The Council of State establishes the right for a public purchaser to terminate an irregular contract
Dans cet arrêt, le Conseil d’Etat précise les conditions dans lesquelles un acheteur public peut résilier unilatéralement un contrat entaché d’irrégularité ainsi que les modalités d’indemnisation du cocontractant.
Le cabinet Palmier-Brault-Associés est très honoré d’être à l’origine de cette avancée jurisprudentielle !
What you must remember :
Point n°1 : La consécration textuelle du pourvoir de résiliation unilatérale pour motif d’intérêt général
Dans son arrêt du 10 juillet 2020, le Conseil d’Etat rappelle tout d’abord le principe jurisprudentiel selon lequel en vertu des règles générales applicables aux contrats administratifs, la personne publique cocontractante peut toujours, pour un motif d'intérêt général, résilier unilatéralement un tel contrat, sous réserve des droits à indemnité de son cocontractant (CE 2 mai1985, Distillerie de Magnac-Laval, Lebon,p.246).
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)
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
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.
In a litigation, our goal is not only to defend your interests in court, but above all to participate, from the first intervention, in the development of a litigation strategy that will determine the entire procedure.
One of the most important activities of the firm is the legal representation of public purchasers and economic operators in the litigation of the law of the public order whether they are emergency procedures (pre-contractual and contractual) and procedures on the merits (appeal in contestation of the validity of the contract, compensatory remedies, judicial expertise, ten-year guarantee).
Me Valérie BRAULT regularly intervenes on behalf of promoters or instructors both in consulting and litigation, in the framework of the issuance of building permits (building permit, planning permission, demolition permit, prior declaration). Similarly, Valérie BRAULT has developed a real expertise in commercial urban planning.
Need a practical training adapted to your needs?
Lawyers travel directly to your premises or organize tailor-made training tailored to your needs. Cabinet Palmier - Brault - Associés is registered as a training organization under the number 11 75 48064 75