CASE COMMENTS: PUBLIC PROCUREMENT – FRANCE – FUNDAMENTAL PRINCIPLES

Fundamental principles: The French Administrative Supreme Court specifies the scope of the fundamental principles of public procurement, as well as the consequences of their possible violation by the contracting authority (La Méridionale, Autocars Faure)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The fundamental principles of public procurement continue to be questioned. Their inclusion in the preliminary title of public procurement (Article L3 of the Public Procurement Code) has made it possible to specify their scope of application, which extends to contracts which are nevertheless excluded from the scope of the code (EC, 5 February 2018, Peyrani, Concurrences, No 3-2019, Article 87820, pp. 187-188, p. 189).). But it is above all their scope that is the subject of recurring clarifications by the administrative judge, since the delegated legislator has not codified the impact of these principles. In this respect, in two decisions in the second

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  • University Paris Nanterre

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Arnaud Sée, Fundamental principles: The French Administrative Supreme Court specifies the scope of the fundamental principles of public procurement, as well as the consequences of their possible violation by the contracting authority (La Méridionale, Autocars Faure), 22 November 2019, Concurrences N° 1-2020, Art. N° 93410, pp. 186-187

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