Contentieux marchés publics

The pre-contractual summary

What is the point of pre-contractual relief?

The pre-contractual procedure has been specially adapted to sanction breaches of the publicity and competitive bidding requirements that may affect the award of public contracts, public service contracts, partnership agreements and the contracts mentioned in paragraph 2 of the Article 24 of Ordinance n ° 2005-649 of 6 June 2005 on contracts awarded by certain public or private persons not subject to the Code des Marches Publics.

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Contentieux marchés publics

The Contractual Referee

What is the use of the contractual referent?

It constitutes the equivalent of the pre-contractual summary, after the conclusion of the contract.

In fact, the procedure of the contractual referent has been specially adapted to sanction breaches of the publicity and competitive bidding requirements that could affect the award of public contracts, public service delegations, partnership contracts and the mentioned contracts. 2 ° of Article 24 of Ordinance n ° 2005-649 of 6 June 2005 on contracts awarded by certain public or private persons not subject to the Public Procurement Code.

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Contentieux marchés publics

The action for nullity runs against the contract

What is the purpose of appealing against the validity of the contract?

According to ancient and constant case law, persons who are not parties to an administrative contract can not ask for its annulment in court: only the parties may, if they consider this contract invalid, ask the judge to declare the nullity.

Until now, this principle has only been subject to one-off exceptions: the prefect can thus, in the framework of the legality review of acts of local authorities, ask the administrative judge to cancel a contract entered into by one of the these communities; the users of a public service may ask him to cancel the clauses, of a regulatory nature, of the contracts by which the management of this public service is delegated; finally, the persons having an interest can ask him to cancel the recruitment contract of a public non-titular agent ....

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Contentieux marchés publics

Compensation claims of unsuccessful candidates

What is the purpose of the compensatory remedy?

A competitor who considers that he has been improperly evaded from a procurement procedure may claim compensation for the damage he considers he has suffered.

Who can seize the administrative judge?

Only companies that have participated in the contested procedure, ie who have applied and / or submitted an offer, have the right to lodge an appeal.

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