Irregular application: The French Administrative Supreme Court gives life to the power to grant the continuation of contractual relations in the presence of a contract concluded with an operator whose application is incomplete (Commune de Ramatuelle)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. "In a decision dated March 28, 2022, the Council of State reversed its jurisprudence concerning contracts awarded to a candidate whose application was inadmissible. It agrees to authorize the continuation of a flawed contract". "A defect in the procedure for awarding the contract, which consists in selecting a company whose application or tender should have been rejected as incomplete, does not necessarily prevent the contract with that company from continuing to be performed. It isup to the court to which a challenge to the validity of the contract is made, in the light of the importance and consequences of the defect, to assess the action it should

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

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Stéphanie Douteaud, Irregular application: The French Administrative Supreme Court gives life to the power to grant the continuation of contractual relations in the presence of a contract concluded with an operator whose application is incomplete (Commune de Ramatuelle), 28 March 2022, Concurrences N° 3-2022, Art. N° 108264

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