Public Procurement: Public Representation by Lawyers: Pitfalls to Avoid!
Rule n ° 1: the courier of a lawyer of a public person makes run the time limits of contentious appeal?
The Council of State reminds that if the lawyers have quality to represent their clients before the public administrations without having to justify the mandate that they are deemed to have received from the latter since they declare to act on their behalf, on the other hand no administrative decision can not result from the correspondence of the latter, in the absence of transmission, in support of these correspondences, of the decision taken by the public person they represent. In other words, the mail that a lawyer writes on behalf of a public person does not run the contentious appeal period unless it contains the decision of the public body. In this case, the lawyer of a trade union had indicated to the Prefect that his client rejected his gracious appeal without attaching the decision of refusal of his client: this mail was not able on its own to make run the period available to the prefect to seize the court.
CE 11 July 2011, OPAC Saint Dizier, req.no. 338764
Rule n ° 2: Is the lawyer of a public person entitled to reject the statements of claim of the companies?
The Council of State recalls that in case of dispute, the company must imperatively send its brief to the person responsible for the contract or to the person that he has designated as his agent for this purpose. In this case, the Conseil d'Etat recalls that a lawyer did not have the power to receive a statement of claim unless he was appointed as the representative of the owner in his relations with the holder of the contract.