CASE COMMENTS: PUBLIC PROCUREMENT – “MOLIÈRE CLAUSES” – DISCRIMINATION – POSTED WORKER

“Molière clauses”: The French Government underlines the potential illegality of clauses imposing the use of French language in the conditions governing the performance of public contracts (“Molière clauses”)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Can the imperative of competitive bidding in the awarding of public contracts support requirements, particularly in terms of language proficiency, that may limit access to the French market for companies and especially European workers? Asked in this way, the question is almost neutral; it changes dimension when one admits to evoking the legality of the "Molière clause". An interministerial instruction comes back to the legality of such clauses (Interministerial Instruction, 27 April 2017, relating to the deliberations and acts of local authorities imposing the use of French in the conditions of execution of contracts, NOR: ARCB1710251). The text provides

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  • University of Angers

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Fabien Tesson, “Molière clauses”: The French Government underlines the potential illegality of clauses imposing the use of French language in the conditions governing the performance of public contracts (“Molière clauses”), 27 April 2017, Concurrences N° 3-2017, Art. N° 84631, pp. 166-167

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