Référé contractuel : la signature du marché pendant le délai de suspension peut coûter cher !

Contractual reference: signing the contract during the suspension period can be expensive!

by gmorales on March 1, 2011 | Category: Pre-contractual & Contractual referral
Référé contractuel : la signature du marché pendant le délai de suspension peut coûter cher ! Référé contractuel : la signature du marché pendant le délai de suspension peut coûter cher !

CE 1st March 2012, OPAC DU RHONE, req.no. 355560

Rule n ° 1:

A contract can no longer be signed as from the referral to the administrative court. An unsuccessful candidate may refer the matter to the judge of the contractual summary when a contracting authority, informed of the referral to the judge of the pre-contractual injunction, nevertheless signs the contract.

Rule n ° 2:

The judge of the contractual referent has extensive powers: he can pronounce the suspension of the execution of the contract (pending his decision on the merits), the nullity of the contract, decide on its abridgement or pronounce financial penalties that can not exceed 20% of the pre-tax amount of the contract. In the present case, it is this last measure that the judge decided to apply by ordering the contracting authority to pay a penalty of € 10,000 to the Public Treasury for having signed the contract when he had been informed of the referral to the judge of the pre-contractual summary by the Court.