CASE COMMENTS : PUBLIC PROCUREMENT- PUBLIC CONTRACTS -SPECIFIC PROCESS OF “MARCHÉ DE DÉFINITION”: INFRINGEMENT OF THE EU DIRECTIVE 2004/18

Process of "marché de définition": The ECJ rules contrary to the Directive 2004/18 the of “marché de définition” since this specific process defined at article 73 of the French Public contracts code is not provided for by the directive and infringes the principles of equality and transparency (France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 10 December 2009, European Commission v. France, C-299/08 When the contracting authority "is not in a position to specify the goals and performances to be achieved, the techniques to be used, the means in terms of personnel and equipment to be implemented", Article 73 of the Public Procurement Code, which entered into force on 1 September 2006, allows it to use a specific award procedure: definition contracts. Their purpose is to "explore the possibilities and conditions for the establishment of a subsequent contract", the execution contract, which is then awarded to one of the holders of the definition contracts with a call for competition limited

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Christophe Le Berre, Process of "marché de définition": The ECJ rules contrary to the Directive 2004/18 the of “marché de définition” since this specific process defined at article 73 of the French Public contracts code is not provided for by the directive and infringes the principles of equality and transparency (France), 10 December 2009, Concurrences N° 1-2010, Art. N° 30348, pp. 195-197

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