The pre-contractual summary
What is the use of referred pre-contractual ?
The procedure of referred pre-contractual specially designed to penalize breaches of the publicity and competitive bidding requirements that could affect the public markets, public service delegations, partnership agreements and contracts mentioned in Article 24 (2) of Ordinance No.2005-649 of 6 June 2005 on contracts awarded by certain public or private persons not subject to the Code of Conduct. public markets.
The contractual referent
What is the use of the contractual referent?
It is the equivalent of referred pre-contractual, after the conclusion of the contract.
In fact, the procedure of the contractual summary has been specially adapted to sanction breaches of the publicity and competition requirements which may affect the award of contracts. public markets, public service delegations, partnership agreements and contracts referred to in Article 24 (2) of Ordinance No.2005-649 of 6 June 2005 on contracts awarded by certain public or private persons not subject to the Code des Marches Publics .
The action for nullity runs against the contract
What is the purpose of appealing against the validity of the contract?
According to ancient and constant case law, persons who are not parties to an administrative contract can not ask for its annulment in court: only the parties may, if they consider this contract invalid, ask the judge to declare the nullity.
Until now, this principle has only been subject to one-off exceptions: the prefect can thus, in the framework of the legality review of acts of local authorities, ask the administrative judge to cancel a contract entered into by one of the these communities; the users of a public service may ask him to cancel the clauses, of a regulatory nature, of the contracts by which the management of this public service is delegated; finally, the persons having an interest can ask him to cancel the recruitment contract of a public non-titular agent ....
Compensation claims of unsuccessful candidates
What is the purpose of the compensatory remedy?
A competitor who considers that he has been improperly evaded from a procurement procedure may claim compensation for the damage he considers he has suffered.
Who can seize the administrative judge?
Only companies that have participated in the contested procedure, ie who have applied and / or submitted an offer, have the right to lodge an appeal.