Examination by the judge of the pre-contractual summary of the choice of the procedure used
CE 11 March 2013, Assembly of French Chambers of Commerce and Industry, n ° 364551
Rule n ° 1:
The pre-contractual judge is competent to check the legality of the use of the competitive dialogue procedure (or any other procedure).
Rule n ° 2:
The pre-contractual judge has jurisdiction to review whether the contracting authority has implemented criteria or sub-criteria for the selection of tenders which are not announced to candidates (i) or which are unrelated to the subject of the contract and which are discriminatory (ii). ), or if he has modified certain criteria during the procedure.