*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Conseil d'État has been seized of an appeal for misuse of power lodged against Decree No. 2016-360 of 25 March 2016 on public procurement contracts, and recalls the conditions for intervention by public entities in a market. The Paris Bar Association argued that Article 142 of the Decree of 25 March 2016, which in particular allows parties to have recourse to the médiateur des entreprises - a department of the Ministry of the Economy and Finance - in the event of a dispute in the performance of a public contract, infringed the principle of freedom of trade and industry and competition law. According to the classic case law of the Conseil d'État, respect
CASE COMMENTS: PUBLIC ACTIONS – FRANCE – FRENCH SUPREME ADMINISTRATIVE COURT – FREEDOM OF TRADE AND INDUSTRY – ECONOMIC ACTIVITY
Economic activity: The French Supreme Administrative Court holds that the procurement ombudsman does not exercise any economic activity (Perez et Ordre des avocats de Paris)
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