Application of the SMIRGEOMES case-law to recourse to the merits: the damage depends on the nature of the irregularities that vitiate the award procedure
CAA Versailles 18th July 2013, Commune of Asnières-sur-Seine, n ° 11VE00108
Applying the SMIRGEOMES case law to recourse to the merits: the injury depends on the nature of the irregularities affecting the award procedure
Discontinued from the open tendering procedure launched by the Commune of Asnières-sur-Seine and relating to a contract with purchase orders for maintenance works and major repairs on the municipal property, the applicant company is based on the lack of adequate information of market candidates to challenge the validity of the contract and to obtain compensation.
Rule n ° 1:
When a competitor who has been dismissed from an administrative contract lodges an appeal challenging the validity of the contract, whether or not the claim is compensatory, he may raise any plea without having to show that he has been wronged by the irregularities he invokes.
Rule n ° 2:
The failure to inform candidates of the possibility of exercising a pre-contractual summary when the contracting authority decides to mention in the tender notice the nature of the various remedies available to candidates and their deadline for submission constitutes an irregularity. However, that irregularity is not liable to adversely affect the applicant company. And to the extent that this defect relates neither to the object of the contract nor to the choice of the contracting party, it does not in itself entail the cancellation of the contract.
Rule n ° 3:
If the contracting authority is not required to inform the candidates of the rating method chosen to evaluate the tenders in the light of each of the criteria it has set, when it decides to make it public, it must define it with sufficient precision and in an intelligible way.