CASE COMMENTS: PUBLIC PROCUREMENT – COMPETITOR DRIVEN OUT – INADMISSIBLE OFFER – IRREGULAR NATURE OF THE SELECTED BID – SUMMARY PROCEEDINGS

Inadmissible offer: The French Administrative Supreme Court reverses its case law extending admissible legal grounds for petitioners who submitted an inadmissible offer (Clean Building)

In a court order dated 27 May 2020, the French Administrative Supreme Court reversed its case law concerning the petitioners for summary proceedings who had submitted an inadmissible offer. Returning to the "Syndicat Ody 1218 Newline of Lloyd’s of London" case, it agreed to examine the plea based on the irregular nature of the selected bid. The commented case also clarifies the powers of the judge in charge of the contractual summary proceedings under Article L. 551-20 of the "Code of administrative justice.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is through the contractual summary procedure, often considered as the poor relation of contract litigation, that remarkable progress has been made: in an order dated 27 May 2020, the Council of State stated that "the fact that theoffer of the ousted competitor, author of the contractual summary procedure, is irregular does not prevent him from being able to rely on the irregularity of the offer of the company awarded the contract in dispute". This is a considerable step forward: with these few words, the judge reversed the terms of the summary proceedings brought by an operator affected by Article 59 I of Decree No 2016-360 relating to public contracts

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

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Stéphanie Douteaud, Inadmissible offer: The French Administrative Supreme Court reverses its case law extending admissible legal grounds for petitioners who submitted an inadmissible offer (Clean Building), 27 May 2020, Concurrences N° 1-2021, Art. N° 99254, pp. 212-215

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