L'Obligation de produire la décision attaquée appliquée au recours Tropic !

The obligation to produce the contested decision applied to the Tropic!

by gmorales on 22 May 2013 | Category: Public markets
L'Obligation de produire la décision attaquée appliquée au recours Tropic ! L'Obligation de produire la décision attaquée appliquée au recours Tropic !

CAA Lyon 4 April 2013, SMTPB, Req. No. 12LY02973

The obligation to produce the contested decision applied to the Tropic!

Rule n ° 1:

Article R. 412-1 of the Code of Administrative Justice, which imposes the production of the impugned decision, is applicable to an appeal lodged by an unsuccessful candidate to contest the validity of an administrative contract (CE Ass., July 16, 2007, Société Tropic Travaux signalisation Guadeloupe, Req. No. 291 545). The Lyon CAA held that it was necessary to produce the undertaking, a document signed by the applicant and containing the financial elements of its bid and the contracting authority. Indeed, the only production of the award notice was found to be expressly inadequate.

Rule n ° 2:

The act of engagementt (or proof that it was requested) must be provided before the expiry of the period prescribed by an application for regularization of the office of the administrative court, or in the event of an objection of inadmissibility raised by the defendant, before the close of the investigation. Otherwise, the remedy turns out to be neither more nor less irreceivable!