Les règles d'indemnisation des candidats évincés dans les marchés publics

Compensation rules for unsuccessful candidates in public markets

by gmorales on September 8th, 2013 | Category: Public markets
Les règles d'indemnisation des candidats évincés dans les marchés publics Les règles d'indemnisation des candidats évincés dans les marchés publics

CE July 10, 2013, Compagnie Martiniquaise de Transports, n ° 362777

Compensation rules for unsuccessful candidates in public markets

Rule n ° 1

When a candidate for the award of a public contract seeks compensation for the damage which he considers he has suffered as a result of the irregularity which, in his opinion, affected the proceedings which led to his removal, it is for the judge, if this irregularity is established, to verify that it is the direct cause of the eviction of the candidate and, consequently, that there is a direct link of causality between the resulting fault and the damage of which the candidate seeks compensation.

Rule n ° 2:

The interpretation of the administrative judge to check if an unsuccessful candidate is entitled to compensation for the damage suffered is as follows:

  • Phase 1 : the judge checks whether the procedure is tainted by a breach of the rules of advertising and competition
  • Phase 2: in the event of a breach, the judge checks whether there is a link between the candidate's ground of rejection and the irregularity committed
  • Phase 3 : in the event of a direct causal link, the candidate is entitled to compensation for the damage suffered