Admissibility of Appeal Against Detachable Acts of Administrative Contract

Extract

[...] Correspondingly, the articulation between the office of the judge of the detachable act and that of the judge of the contract (cf. CE October 1994, Lopez). II- A solution progressively reduced in scope The opening of full contractual litigation by the jurisprudence Tarn et Garonne Breaking a new frontier by the ECJ, by accepting the admissibility of the appeal of full contractual litigation, against the validity of the contract itself or certain of its 'contractual' clauses. The appeal can be presented by various applicants, knowing that the grounds invoked differ according to the applicant's quality. [...]

[...] It was in relation to third parties that REP presented its true interest, since they could not directly contest the contract, although they often had an interest in it. The evolution of the theory of detachable acts had thus played in the sense of a relaxation in several respects. A diffuse consecration Martin had also spread, in a late and in much more limited proportions, to the measures of contract execution. It was the complexity of the jurisprudence on detachable acts that condemned him and concerned two points. [...]

[...] However, the Council of State reserves two cases, in which the 1905 jurisprudence will continue to apply. On the one hand, appeals against detachable administrative acts from private law contracts still fall within the jurisdiction of the administrative judge of the abuse of power (CE October 2015, Arrou). On the other hand, in the context of the legality review, the prefect can continue to request the annulment of detachable acts from the contract, as long as it has not been signed. [...]