Candidature d'une entreprise placée en redressement judiciaire

Application of a company placed in receivership

by gmorales on 29 May 2014 | Category: Pre-contractual & Contractual referral
Candidature d'une entreprise placée en redressement judiciaire Candidature d'une entreprise placée en redressement judiciaire

Candidature d'une entreprise placée en redressement judiciaire CE 26 March 2014, Sté Ateliers Bois, req.n ° 374387

Rule n ° 1:
An enterprise placed in receivership is required to justify, when filing its bid, that it is entitled to continue its activity during the period of performance of the contract as it appears from the documents of the consultation.
In concrete terms, two situations can arise:

  • If a candidate placed in receivership before the deadline for submission of offers he must produce in support of his application file a copy of the judgment of the Commercial Court indicating the period during which he is authorized to continue his activity.
  • If a candidate is placed in receivership after the deadline for submission of tenders : he must immediately inform the power of the contracting authority and send a copy of the judge of the Commercial Court

Rule n ° 2:
How to assess the capacity of a candidate placed in bankruptcy to execute the contract?
The judgment of the Commercial Court fixes a so-called period of observation at the end of which the judge will pronounce either the judicial liquidation of the company (it is finished: the company no longer exists) or the continuation of the activity ( via a backup plan). This observation period is six months renewable once: the period to be taken into consideration is therefore 12 months.

To assess the ability of a successful candidate to perform a contract, it is sufficient to compare the duration of execution of the contract with the completion date of the observation period.
Example: the candidate X was placed in receivership by judgment of the Commercial Court of Paris on June 1, 2014 for a period of 6 months renewable once ie until June 1, 2015 at the latest

The question is: at this date is the market for which this candidate is a candidate is expected to be completed?

If the answer is positive: the contracting authority can not reject the application of the company

If the answer is no, the contracting authority is obliged to reject his application.

See Directive 12-005-Mo of 26 January 2012 on public procurement and insolvency proceedings