Référé contractuel : rappel des conditions pour saisir le juge des référés

Contractual reference: reminder of the conditions for bringing an action before the judge hearing the application for interim measures

by gmorales on November 30, 2011 | Category: Pre-contractual & Contractual referral
Référé contractuel : rappel des conditions pour saisir le juge des référés Référé contractuel : rappel des conditions pour saisir le juge des référés

CE November 30, 2011, DPM Protection, req.n ° 350788

Condition # 1:

An unsuccessful candidate may refer the matter to the judge of the summary court when he is unaware of the rejection of his tender and of the signature of the contract, as a result of the contracting authority's failure to comply with the provisions of Article 80 of the Code. public contracts which provide for the obligation to notify applicants of the rejection of their tenders and sets a minimum period of sixteen days, reduced to eleven days in the case of electronic transmission, between the date of dispatch of this notification and the conclusion of the contract.

Condition # 2:

An unsuccessful candidate may also refer the matter to the judge who has already lodged a pre-contractual injunction when the contracting authority has a minimum suspension period of sixteen days, reduced to eleven days in the case of an electronic transmission, between the date of dispatch. this notification and the conclusion of the contract.

Condition # 3:

The unsuccessful candidate who has not been informed, in the notification letter of the rejection of his offer, of the length of the standstill period prescribed by the Public Procurement Code is admissible to form a contractual referent even if he has previously a pre-contractual referral (EC 24 June 2011, Public Office for Interdepartmental Habitat of Essonne, Val d'Oise and Yvelines, n ° 346665).