Claims procedure applicable to public service contracts
CE 31 May 2010, DPO of the Strasbourg Urban Community, n ° 313184
The OPHLM of the Strasbourg urban community, which became OPH, entrusted to SMC Servitherm, to whose rights IDEX Energies comes, three batches of maintenance of individual heating and hot water production equipment in the housing managed by the Office. As the Office terminated the contract at the company's expense, it applied to the Strasbourg TA to order the Office to pay the balance of the contract plus interest at the legal rate.
The Council of State has held that a company responsible for maintenance on heaters should, before any referral to the judge, send a statement of claim to the person responsible for the contract, in accordance with the provisions of the general conditions of supply (CCAG-FCS), where this is applicable to the contract.
In case of dispute at the time of settlement, an enterprise must follow the rules of CCAG-FCS if the contract is submitted. In addition, the High Jurisdiction considered that a simple letter which "did not include any other details on its reasons, in particular on the basis of calculation of the sum requested, can not be regarded as a statement of claim".
"Whereas the company Idex Energies argues that the PUBLIC OFFICE OF THE HABITAT OF THE URBAN COMMUNITY OF STRASBOURG received on March 28, 2002 its letter of March 22, 2002 requesting the payment of a lump sum which it considered to remain to him due, this request, which did not include any other details on its reasons, in particular on the basis of calculation of the sum requested, can not be regarded as a statement of claim within the meaning of the stipulations, quoted above, of the article 34 of the general contract terms and conditions applicable to the contract; that, therefore, the PUBLIC OFFICE OF THE HABITAT OF THE URBAN COMMUNITY OF STRASBOURG is founded to support that the request presented to the administrative court of Strasbourg by the company Idex Energies was not admissible; that, consequently, the company Idex Energies is unfounded to complain that, by the judgment attacked, the administrative court of Strasbourg rejected his request". To see the stop.