CASE COMMENTS: PUBLIC PROCUREMENT – PUBLIC TENDER – FUNDAMENTAL PRINCIPLES – EXCLUDED CONTRACTS

Public tender: The French Administrative Supreme Court rules that contracts excluded from public procurement can be submitted to the fundamental principles of public procurement (Peyrani)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Are contracts excluded from the scope of application of competition law subject to the fundamental principles of public procurement? The question might seem incongruous. And yet, the Conseil d'État has just held that the exclusion of a contract from the scope of the Ordinances does not prevent its submission to the constitutional principles of freedom of access to public procurement, equal treatment of candidates and transparency of procedures (on these principles, see CC, Dec. No. 2003-473 DC of 26 June 2003; EC, Ass., 23 Feb. 2005, Association pour la transparence et la moralité des marchés publics and others, ECR p. 71). From a normative point of view,

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  • University Paris Nanterre

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Arnaud Sée, Public tender: The French Administrative Supreme Court rules that contracts excluded from public procurement can be submitted to the fundamental principles of public procurement (Peyrani), 5 February 2018, Concurrences N° 3-2018, Art. N° 87824, pp. 187-188

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