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expert lawyers
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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
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.
Action to cancel a concession contract by a local taxpayer: beware of false joys!
CE March 27, 2020, MIH and others, req. n ° 426291
When a local taxpayer disputes the validity of a contract, it is his responsibility to establish that the agreement or the clauses whose validity he disputes are likely to have significant consequences on the finances or the heritage of the community. The Council of State also specifies the possibility of claiming the cancellation of an already terminated contract.
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.
