CASE COMENT: PUBLIC SECTOR - PUBLIC PROCUREMENT - BIDDING PROCEDURE - REVIEW PROCEDURE BEFORE THE CONTRACT CONCLUSION - NOTICE OF PUBLIC CONTRACT - RELATIVE EFFECT OF ITS IRREGULARTIY

Smirgeomes case law: The French Council of State applies the Smirgeomes case law in which it had reduced the notion of effect on the bidding process for only formal infringements (Commune de Toulon)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, 4 February 2009, Commune de Toulon, n° 311344 The administrative judge continues to develop contractual litigation. In a decision of 4 February 2009, the Conseil d'État clarified the scope of the control carried out by the pre-contractual summary proceedings judge, which it had had the opportunity to considerably improve by its judgment of the SMIRGEOMES Division of 8 October 2008 (note J.-M. Glatt, Concurrences, n° 1-2009). In the present case, the Commune of Toulon had launched an open tender procedure for the award of a public contract for the provision, installation and maintenance of street furniture for information. CBS Outdoor, whose bid had

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Jean-Mathieu Glatt, Smirgeomes case law: The French Council of State applies the Smirgeomes case law in which it had reduced the notion of effect on the bidding process for only formal infringements (Commune de Toulon), 4 February 2009, Concurrences N° 2-2009, Art. N° 26094, pp. 209-212

Visites 3243

All reviews