Public procurement: how the mutual representation of members of a group of companies may cease during the course of the proceedings
CE 22 June 2012, Manchester Hospital Center of Charleville-Mezières, Req. No. 350757
Undertakings which have formed a joint and several group for the performance of the contract of which they are holders are deemed to represent each other in all the bodies relating to the obligations attached to the execution of this contract. It follows that the application by which one of the members of the solidarity group seeks the annulment of the judgment which has condemned its members, on the basis of their contractual liability, to indemnify their co-contractor must in principle be regarded as presented in the name and the account of the members of the group.
Warning ! The mutual representation of members of the grouping ceases when, present in the instance, they formulate divergent conclusions!