CASE COMMENTS: PUBLIC PROCUREMENT – CASELAW – TECHNICAL SPECIFICATIONS – DISCRIMINATORY BARRIERS – FOREIGN WORKERS – FOREIGN COMPANIES

Discriminatory barriers: The French Supreme Administrative Court and the Court of Justice of the European Union set limits around technical specifications designed by public entities in public bidding documents, combining competition principle with other public interest principles (Ministre de l’Intérieur ; Medisanus)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Two recent decisions deserve to be presented together because they clarify the contours of European public procurement contract law at a time when certain Single Market players are increasingly tempted by protectionist reflexes. Their echo is particularly strong in France, where there has been a proliferation of so-called "Molière" clauses, in tendering procedures, to require the systematic use of the French language, with the aim of limiting the access of foreign workers, and therefore of the companies employing them on public worksites. However, in addition to the language requirement, other technical specifications may also have a discriminatory effect.

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Laurence Folliot Lalliot, Discriminatory barriers: The French Supreme Administrative Court and the Court of Justice of the European Union set limits around technical specifications designed by public entities in public bidding documents, combining competition principle with other public interest principles (Ministre de l’Intérieur ; Medisanus), 4 December 2017, Concurrences N° 1-2018, Art. N° 86263, pp. 192-195

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