Service contract termination statement: what is the procedure to follow?
Termination of a public service contract shall be subject to a termination statement which shall be drawn up by the contracting authority and notified to the holder within two months after the effective date of the termination of the contract. But what if the contracting authority does not draw up the cancellation? In a judgment dated May 4, 2011, Sté COVED, the Council of State recalls the procedure to follow.
Step 1 : In the absence of production of the termination statement, the contractor is required to give notice to the contracting authority to draw up the account by submitting a statement of claim.
Step 2: In the absence of a reply from the contracting authority to the statement of claim within a period of two months, the contract holder may apply to the administrative court for the purpose of drawing up the termination statement before the expiry of this period.
Two hypotheses are then possible.
Hypothesis n ° 1 : The contracting authority notifies the count of cancellation before the expiry of the two-month period, whereas the holder has already seized the administrative judge: in this case, the appeal becomes irrelevant.
Hypothesis n ° 2 : The contracting authority notifies the count of termination after the period of two months: in this case, the dispute retains its object and it is up to the administrative court to decide