CASE COMMENTS: PUBLIC PROCUREMENT – CASELAW – FUNDAMENTAL PRINCIPLES – CONTRACTUAL LITIGATION

Contractual litigation: The French Supreme Administrative Court confirms the minimum obligations imposed on the public body at the end of the award of an adapted procedure contract, and thus limits the contractual dispute of these contracts (MB Terrassements bâtiments)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The obligations of publicity and competitive tendering are largely reduced in the case of the MAPA (marché à procédure adaptée). Admittedly, the MAPA are not subject to a formal procedure, but they must nonetheless comply with the fundamental principles of public procurement (CE, Sect., 30 January 2009, ANPE, Concurrenceswith our note). This implies in particular that 'appropriate information for candidates on the criteria for the award of a public contract is necessary, as soon as the contract award procedure is initiated, in the notice of a public call for competition or in the specifications made available to candidates' (same Decision). But,

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  • University Paris Nanterre

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Arnaud Sée, Contractual litigation: The French Supreme Administrative Court confirms the minimum obligations imposed on the public body at the end of the award of an adapted procedure contract, and thus limits the contractual dispute of these contracts (MB Terrassements bâtiments), 31 October 2017, Concurrences N° 1-2018, Art. N° 86264, pp. 195-196

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