CASE COMMENTS : PUBLIC SECTOR – PUBLIC CONTRACTS – OTHER SERVICES - CONCESSION SCHEMES – GENERAL PRINCIPLE OF PUBLIC PROCUREMENT – COMPLUSORY COMPETITIVE BIDDING – CONSORTIUM
Concession schemes – Principle of public procurement: The Council of State retains that the general principles of public procurement do not prevent consortium bidding as long as legal requirements for grouping are abode by (Commune d’Aix-en-Provence)
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CE, 13.07.12, Commune d'Aix-en-Provence, box n°358512
The Commune of Aix-en-Provence has launched a public service delegation procedure for the management of a pound and an animal shelter. The commune, wishing to group these two activities on the same site, wanted to entrust them to the same delegatee. A company specialising in animal husbandry challenged the procedure by way of the summary procedure under Article L. 551-1 of the Code of Administrative Justice on the grounds that free access to public procurement and equal treatment of applicants had been disregarded. The applicant relied on the fact that an animal refuge must be managed by an association or
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