La réparation du préjudice subi en cas de nullité du contrat

The compensation for the damage suffered in case of nullity of the contract

by gmorales on April 29th, 2013 | Category: Public markets
La réparation du préjudice subi en cas de nullité du contrat La réparation du préjudice subi en cas de nullité du contrat

CE 19 April 2013, Sté ELRES, req.no. 361721

Rule n ° 1:

In the case where the nullity of the contract is the result of a fault of the contracting authority, the holder may, subject to the division of responsibility arising from his own mistakes, claim compensation for the damage attributable to the fault of the contracting authority.

Rule n ° 2:

The holder may request the payment of the sums corresponding to the expenses incurred for the performance of the contract and the gains of which he was actually deprived by his nullity, notably of the profit to which he could claim.

Rule n ° 3:

However, if the proprietor himself was guilty of serious misconduct in agreeing to the conclusion of a contract which, in view of his experience, he could not ignore the illegality, and that this fault constitutes the direct cause of the loss of the expected benefit of the contract, it is unfounded to claim compensation for that loss.