CASE COMMENTS: PUBLIC PROCUREMENT – FRANCE - INSUFFICIENT COMPETITION – PUBLIC INTEREST PURPOSE – SELECTION OF OFFERS

Public interest purpose: The French Supreme Administrative Court admits that insufficient competition can justify the Administration’s refusal refusal to conclude a public contract (Le Pagus)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Le Pagus judgment has the advantage of presenting a competitive approach to the powers of public authorities in the awarding of public contracts. In the present case, the municipal council of the municipality of Fréjus wished to renew a public service delegation in the form of a concession for the development and operation of beach lots, located on natural beaches and on a nature-based basis. For one lot, only the company Le Pagus, already the holder, submitted an offer. The municipal council then "declared the procedure unsuccessful, due to insufficient competition and the incomplete nature of the bid submitted". Following a second consultation, the

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  • University of Angers

Quotation

Fabien Tesson, Public interest purpose: The French Supreme Administrative Court admits that insufficient competition can justify the Administration’s refusal refusal to conclude a public contract (Le Pagus), 17 September 2018, Concurrences N° 1-2019, Art. N° 89038, pp. 207-209

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