Marchés de services et de fournitures : les règles à respecter pour présenter un mémoire de réclamation

Service and Supply Contracts: The Rules for Submitting a Claim Brief

by gmorales the 23 January 2012 | Category: Public markets
Marchés de services et de fournitures : les règles à respecter pour présenter un mémoire de réclamation Marchés de services et de fournitures : les règles à respecter pour présenter un mémoire de réclamation

CE 23 January 2012, Department of Bouches du Rhône, n ° 348725
Under Article 34.1 of the CCLS-FCS, any dispute between the holder and the person responsible for the contract must be the subject of the holder of a statement of claim which must be communicated to the person responsible for the contract in question. the thirty-day period counted from the day the dispute arose.

Rule 1: the appearance of the difference between the holder and the contracting authority

The first problem is to determine from when it is possible to consider that a different has appeared. According to the Conseil d'Etat, in order for the 30-day period to be triggered, the contracting authority must either make an express decision or, if it remains silent, that the holder causes the birth of the different by remains.

Rule # 2: the 30-day time limit

The second difficulty concerns the counting of the delay. According to the Council of State, the deadline of 30 days "calendar". Article 2.42 of the CCAG-FCS specifies that "when the time limit is set in days, it is in calendar days".

Rule # 3: Expiry of 30 days

The third difficulty is to determine whether the statement of claim must be "sent" by the holder before the expiry of the 30-day period or if it must be "received" by the contracting authority before the expiry of that period. According to the Conseil d'Etat, the statement of claim must be "received" by the adjudicator before the expiry of the 30-day period.