CASE COMMENTS: PUBLIC PROCUREMENT – PUBLIC TENDER – PUBLIC MARKET

Favoritism: The French Supreme Court extends the applicability of the crime of favoritism in public procurement subject to the old order of June 6, 2015, the principles of strict Interpretation and non-retroactivity of criminal law notwithstanding (Bastien X e. a.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The offence of granting an unjustified advantage, more commonly known as the "offence of favouritism", is provided for and punishable under Article 432-14 of the Criminal Code (punishable by two years' imprisonment and a fine of EUR 30 000). It covers the act of "procuring or attempting to procure for another person an unjustified advantage by an act contrary to the legislative or regulatory provisions intended to guarantee freedom of access and equality of candidates in public contracts and public service delegations". In a ruling of 17 February 2016, the Court of Cassation ruled for the first time on the applicability of the offence of favouritism to

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  • Sorba Payrau Avocats (Paris)

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Thomas Forray, Favoritism: The French Supreme Court extends the applicability of the crime of favoritism in public procurement subject to the old order of June 6, 2015, the principles of strict Interpretation and non-retroactivity of criminal law notwithstanding (Bastien X e. a.), 17 February 2016, Concurrences Nº 3-2016, Art. N° 80930, pp. 179-181

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