Modulation by the administrative judge of the amount of the penalties in relation to the initial amount of the contract
TA Marseille 24 September 2013, Port of Marseille, France, req.no. 1101931
Modulation by the judge of the amount of penalties of delay. The autonomous port of Marseille has entrusted a company with an industrial public contract for the supply of road transport trailers. Following a delay in execution, late payment penalties were imposed on the successful bidder. In this case, the Cabinet managed to get the judge to reduce the amount of the penalties from € 20,400 to € 8,000 HT.
Rule n ° 1
It is open to the administrative judge to moderate or increase the penalties for delay resulting from a contract, pursuant to Article 1152 of the Civil Code, if the penalties reach an amount that is manifestly excessive or derisory in relation to the amount of the contract.
Rule n ° 2
The judge considers that the amount of the late payment penalties corresponding to 36.2 % of the initial contract amount is manifestly excessive.