CASE COMMENTS: PUBLIC PROCUREMENT – FRANCE – PUBLIC UNDERTAKING – CANDIDATE – PUBLIC INTEREST

Public procurement: The French Administrative Supreme Court specifies the conditions enabling a public undertaking to apply to take part in a tendering procedure (Vinci)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Public persons may apply for the award of a public procurement contract, "no text or principle" prohibiting this (CE, avis, 8 November 2000, Jean-Louis Bernard Consultant, "The public procurement contract is a public procurement contract").). However, such an application "must not distort the conditions of competition" (ibid.). Moreover, as of 2014, such an application is subject to the demonstration of a local public interest. Indeed, the Council of State has consistently held that "apart from those entrusted to them on behalf of the State, the competences available to local authorities or their public cooperation establishments are exercised with a view

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  • University Paris Nanterre

Quotation

Arnaud Sée, Public procurement: The French Administrative Supreme Court specifies the conditions enabling a public undertaking to apply to take part in a tendering procedure (Vinci), 14 June 2019, Concurrences N° 1-2020, Art. N° 93409, pp. 185-186

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