CASE COMMENT: PUBLIC SECTOR - PUBLIC PROCUREMENT - BIDDING PROCEDURE - REVIEW PROCEDURE BEFORE THE CONTRACT CONCLUSION - NOTICE OF PUBLIC CONTRACT - RELATIVE EFFECT OF ITS IRREGULARTIY

Public procurement: The Council of State drastically reduces the scope of the review procedure available before the contract conclusion insofar as it discards pure formal infringements of the public notice unless they have a real effect on the bidding process (SMIRGEOMES)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, Sect. 3 October 2008, SMIRGEOMES, No. 305420 Contractual litigation is constantly evolving. With the creation of a new recourse for contesting validity and the reform of the Remedies Directive, contractual litigation is enriched by numerous regulatory and jurisprudential developments. The role of the administrative judge is becoming more and more important. Two more cases have fuelled this dispute, the sophistication of which is a significant obstacle to the effectiveness of public procurement. The solutions adopted by the Conseil d'État attract attention insofar as they reflect the evolution of the office of the administrative judge in contractual

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Jean-Mathieu Glatt, Public procurement: The Council of State drastically reduces the scope of the review procedure available before the contract conclusion insofar as it discards pure formal infringements of the public notice unless they have a real effect on the bidding process (SMIRGEOMES), 3 October 2008, Concurrences N° 1-2009, Art. N° 23640, pp. 218-220

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