Distinction entre entité adjudicatrice et pouvoir adjudicateur

Distinction between contracting entity and contracting authority

by gmorales on November 23, 2011 | Category: Pre-contractual & Contractual referral
Distinction entre entité adjudicatrice et pouvoir adjudicateur Distinction entre entité adjudicatrice et pouvoir adjudicateur

CE 23 November 2011, GIHP Lorraine Transport Company, n ° 349746

Rule n ° 1:

The fact that a public person entrusts to a third party the exploitation of one of the fixed networks falling within its competence must be considered as an act exercised by a contracting authority, and not as an act performed by a contracting entity.

Rule n ° 2:

The absence of publication in the JOUE is likely to result in the nullity of the contract within the framework of a contractual referent.

Rule n ° 3:

The contractual summary is opened when the contracting authority has not notified a rejection decision to unsuccessful candidates or has not complied with a deadline of 11 days before the signature of the contract.