CASE COMMENTS: PUBLIC PROCUREMENT – FRANCE – IMPARTIALITY – CONFLICT OF INTEREST – BREACH OF EQUALITY

Impartiality: The French Administrative Supreme Court and the Douai Administrative Court of Appeal state that the principle of impartiality is not violated merely because a public procurement contract is awarded to a local semi-public owned company (SEML) and point out that the violation of the principle of impartiality by a public purchaser must be assessed in light of an in concreto analysis of the award procedure (Port autonome de Nouvelle-Calédonie, Cabre)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Readers of the review are Concurrencesaware that the Conseil d'État considers "that among the general principles of law which are binding on the contracting authority, as on any administrative authority, is the principle of impartiality, the disregard of which constitutes a failure to comply with the obligations of advertising and competitive tendering" (CE, 14 Oct. 2015, SA Applicam, No. 390968, see G. Marson, Concurrences, N 1-2016, art. No. 77878, pp. 219-220. CE, 12 Sept. 2018, Syndicat mixte des ordures ménagères de la vallée de Chevreuse, No. 420454, Concurrences, No. 1-2019, art. 89031, pp. 205-207.). It should also be recalled that disregard for the

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Grégory Marson, Impartiality: The French Administrative Supreme Court and the Douai Administrative Court of Appeal state that the principle of impartiality is not violated merely because a public procurement contract is awarded to a local semi-public owned company (SEML) and point out that the violation of the principle of impartiality by a public purchaser must be assessed in light of an in concreto analysis of the award procedure (Port autonome de Nouvelle-Calédonie, Cabre), 2 April 2020, Concurrences N° 3-2020, Art. N° 96178, pp. 181-183

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