Détermination du préjudice en cas d'annulation de bons de commande

Determination of the damage in case of cancellation of purchase orders

by gmorales on 28 October 2013 | Category: Public markets
Détermination du préjudice en cas d'annulation de bons de commande Détermination du préjudice en cas d'annulation de bons de commande

TA Melun October 2nd 2013, Sté LAFA Furniture, n ° 1105909

Determination of the damage in case of cancellation of purchase orders Détermination du préjudice en cas d'annulation de bons de commande

The Cabinet condemns the UGAP to pay a customer an allowance of 242.204,93 € HT for canceling several orders without respecting the procedure provided by the specifications.

Rule n ° 1:

Cancellation of orders may constitute contractual fault justifying compensation for the damage suffered. In the absence of stipulations providing for the possibility for the UGAP to cancel orders already placed, a cancellation of the order presents the character of a contractual fault and is entitled to compensation for the damage suffered.

Rule n ° 2:

In the absence of fault of the contracting party, he is entitled to compensation for the costs incurred for the execution of the order at the time of its cancellation as well as the loss of profit margin resulting from the cancellation of the order except in the hypothesis or a new order of an equivalent amount would have occurred in replacement of the canceled order.

Rule n ° 3:

The inclusion in a contract of a minimum amount of orders requires the administration to reach this amount in terms of orders. In the event that the administration fails to do so, the contracting party is entitled to claim compensation for the damage suffered as a result of the administration's non-compliance with its commitments. That loss then corresponds to the loss of profit margin that would have resulted from the execution of the minimum amount of orders provided for in the contract and, as the case may be, to the expenditure incurred by it in order to meet its minimum contractual obligations.

Rule n ° 4:

In the case of a minimum purchase order contract, the amount of the loss suffered shall not be determined on the basis of the shortfall resulting from the difference between the minimum amount of the contract and the amounts already paid by the administration. but only on the basis of the net profit margin which would have been obtained from the purchase of the unrealized part of the fixed minimum order by the market, to which must be added the expenses incurred unnecessarily for the performance of the contract and the share of fixed costs that could not be covered by the execution of other orders