CASE COMMENT: PUBLIC SECTOR - PUBLIC SECTOR - PUBLIC PROCUREMENT - JUDICIAL RECOURSE - THIRD PARTY RECOURSE : DEFEATED COMPETITORS MAY CHALLENGE THE CONTRACT ITSELF

Public procurement: The Council of State allows third parties to a public procurement contract to challenge the contract itself event after it has been signed, going beyond the 1989 “Recourse” EU Directive (Tropic Travaux)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, Ass. 16 July 2007, Tropic Travaux Signalisation, No. 291545 The appeal in cassation lodged by the company Tropic travaux signalisation Guadeloupe, which was excluded from the invitation to tender for a contract concerning the marking of aircraft areas and road pavements at Pointe-à-Pitre airport, should never have had the honours of the Conseil d'État assembly if the latter had not, over the last few years, begun a slow process which has seen the boundaries between authorisation and contract blurred, in particular in order to ensure compliance with the principle of competition. Tropic travaux signalisation had applied to the Administrative Court of

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Bertrand du Marais, Parfait Houédanou, Public procurement: The Council of State allows third parties to a public procurement contract to challenge the contract itself event after it has been signed, going beyond the 1989 “Recourse” EU Directive (Tropic Travaux), 16 July 2007, Concurrences N° 4-2007, Art. N° 14460, pp. 146-148

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