Le Moniteur: The interest in acting or the necessary assessment of the consequences of the pre-contractual summary procedure on the competitive situation of other candidates
Maxime Seno publishes an article in Le Moniteur Contracts publics on the interest in taking action regarding pre-contractual proceedings, to be assessed in light of the consequences on the competitive situation of other candidates.
He sheds light on the decision of France’s highest administrative court, the Conseil d’État, of June 1, 2023, clarifying the 2020 Clean Building case law, ruling that even if the irregular nature of the applicant’s offer allows him to act against the decision retaining a competitor with an equally irregular offer, this does not entitle it to claim the award of the contract.
“More than ever, this – consistent – position of the administrative judge invites ousted candidates to analyze globally the relevance of a pre-contractual summary action, and to include competitive considerations in the analysis of the benefit/risk ratio. ”
