Cancellation of a public contract awarded to a poacher of the right!
By judgment dated June 15, 2017, the Administrative Court of Rennes cancels the contract concluded between a municipality and a consulting company for the purpose of providing project management assistance for the realization of a concerted development zone (ZAC), considering that the services provided for in the contract essentially relate to a legal consultation activity.
The specifications required the successful tenderer, in particular, to provide the legal community with assertive support and, in particular, through its advice and the material produced, to ensure the unfailing legal reliability of the procedure », Which involved the drafting of personalized recommendations with regard to the regulations in force and the preparation of the legal documents and documents necessary for the award of such a contract (specifications, regulations, advertising documents, draft municipal deliberation , etc.).
It was also pointed out that the salaried lawyers of that company were not authorized to provide the legal services imposed by that market, since the contracting authority could not be regarded as their employer within the meaning of thearticle 58 of the law 31 December 1971 overseeing the legal activity of corporate lawyers.
Receiving the intervention of the National Bar Council and the Bar Association, the Rennes Administrative Court annulled the contested contract as being concluded in breach of the provisions of Title II of the law of 31 December 1971 and 4 °) of the II of theArticle 30 of the Code des Marches Publics then applicable to the cause.
In its judgment, the court considers, based on an in-depth analysis of the specifications, that "the contentious market, while partly related to the assessment of financial risks, included a preponderant share of personalized legal advice to secure the award procedure 'and that this mission for the most part, a personalized legal consultancy activity could not be attributed to the consulting company with regard to its activity ".
This company was only authorized to engage in legal activities incidental to its main activity of management consulting, organization or financial matters under the conditions provided for by article 54 and 60 of the law of 31 December 1971 governing the exercise of unregulated professionals.