The French Administrative Supreme Court rules that it has jurisdiction to impose compensations to undertakings punished by competition authorities as they have misled a contracting authority during public procurement award procedures (SNCF vs. Campenon-Bernard and others)

The commented decision presents a new important step regarding the integration of competition rules into French administrative law and its consequences for administrative litigation rules. It also puts an end to an important dispute opposing SNCF, the French public railways operator, and several major construction companies on the occasion of the extension of the French high-speed railroad network, in the beginning of the 90's. Background The scope of this important construction plan covered 340 km of new high-speed railroads, their interconnection equipments and the related structures (bridges, tunnels). Considering the important scope of the program, SNCF split it and number of contracts were then concluded (46 all in all). Among them, the contract subject to the commented decision

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  • Schmitt Avocats (Paris)

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Elias Berkani, The French Administrative Supreme Court rules that it has jurisdiction to impose compensations to undertakings punished by competition authorities as they have misled a contracting authority during public procurement award procedures (SNCF vs. Campenon-Bernard and others), 19 December 2007, e-Competitions December 2007, Art. N° 20198

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