CASE COMMENTS: PUBLIC PROCUREMENT – CONCESSIONS CONTRACT – PROHIBITION TO BID – COMPULSORY EXCLUSION REGIME – TRANSITIONAL LEGAL FRAMEWORK

Concessions contract: The French Administrative Supreme Court introduces a transitional legal framework allowing economic operators convicted by a final court order to prove their reliability and then to take part in the consultation process (Vert Marine)

“The "Société Vert Marine" case confirms what the eponymous judgment of the Court of Justice foreshadowed: the compulsory exclusion regime applicable to concessions from the Public Procurement Code (Code de la commande publique) is incompatible with the objectives of Directive 2014/23/EU. Drawing the consequences arising from this finding, the French Administrative Supreme Court is introducing a transitional legal framework allowing economic operators convicted by a final court order for one of the infringements referred to in Article L. 3123-1 of the Public Procurement Code to prove their reliability and then to take part in the consultation process”.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The transposition of a directive is a delicate exercise in which the national rules adopted are always liable to be confronted with the act which they are intended to receive. The "Société Vert Marine" case, which has just found its epilogue in a judgment delivered on 12 October last, provides an illustration of this. Taking the view that two of the articles of Decree No 2016-86 on concession contracts were vitiated by irregularities, the applicant applied to the Prime Minister for their repeal. She challenged the implied decision arising from the silence kept by the administrative authority. In the course of its review, the Council of State decided to

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

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Stéphanie Douteaud, Concessions contract: The French Administrative Supreme Court introduces a transitional legal framework allowing economic operators convicted by a final court order to prove their reliability and then to take part in the consultation process (Vert Marine), 12 October 2020, Concurrences N° 1-2021, Art. N° 99257, pp. 217-218

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