Contracts subject to the order of 6 June 2005: nullity of the contract concluded by an unauthorized authority
Cass 1st civ. Jan. 16, 2013, Req. No. 11-27,837
For contracts subject to the order of 6 June 2005, the Court of Cassation considers that the breach of the public policy provisions relating to the jurisdiction of the signatory authority of a contract concluded on behalf of the municipality is sanctioned by the absolute nullity, so that it can be invoked by any person, thus justifying a legitimate interest to act (divergent solution of the State Council for public procurement CE 28 Dec. 2009, Municipality of Béziers, req.n ° 304802).