The administrative judge has various powers to intervene in contractual disputes, including suspension, cancellation, and penalties.
Extract
[...] POWERS OF JUDGE : Power of Injunction : to resume the procedure at the point where it had been poorly done. Cancel the procedure Appeal in cassation : not d'effet suspensif of the signature but ne counts that for the buyer. Le recours in contractual summary proceedings Article L 551-13 you CJA FINALITY OF THE APPEAL: to rescind the contract concluded between the buyer and the awardee SUSPENSION /ANNULATION/RESILIATION OF THE CONTRACT, REDUCTION DURATION, PENALTIES SCOPE : the contracts of the commande publique conclus par a PA 1. [...]
[...] preventive appeal SUSPENSION/ ANNULATION OF ALL DECISIONS OF THE PROCUREMENT PROCEDURE, CLAUSES 1. REQUERANTS : all perpersons having an interest in concluding the contract and who may be prejudiced by a failure of the buyer. The candidates dismissed A concurrent potential SI even milieu of activity that the object of the contract. 2. DELAIS : from the moment the contract is signed the recourse becomes irreceivable, exercise you recourse = suspensif until this that the ordinance the judge is rendered. [...]
[...] Prefect The third party harmed (by the execution or clauses of the contract), any third party that may be harmed (local taxpayer if harmed assets, professional orders if collective damage) The elected officials The members of the deliberative body 2. DELAIS : 2 months to to count of the measures of the publicity adapted without application of the Czabaj jurisprudence. 3. MEANS : Council d'Etat Grand port maritime you Havre ? FOR THE CANDIDATES EVIDENCES (MEAN so it in report direct with the interest harmed or of such gravity that the judge should raise it ex officio) ? FOR THE PREFET AND THE ELUS : all means ? FOR THE TIERs : link with the interest read 4. [...]
[...] POWERS OF JUDGE : Decide on the pursuit of the contract Invite the parties à regularize the contract (if the regularisation is possible) Power of termination for the future, possible deferred effect) Annulment total or partial (for content illicit, vice of consent, or vice of particular gravity). Other remedies THE REMEDIES INDEMNITARY : PROCEDURE : the must to do a recourse administrative prerequisite to link the contentious, and it is only after that one seizes the administrative judge of the indemnity claim (the best being to link the contentious, in seizing the judge for not lose of time) MEANS : to demonstrate that one had a chance to obtain the contract : SI pass of chances : pass d'indemnities SI pass deprived of all chance : reimbursement of costs incurred for the preparation of a bid SI chance serious = remboursement of fees engaged for bid formation + potential earnings. [...]
[...] POWERS OF JUDGE : Power of suspension execution of the contract (cost-benefit balance) Pouvoir of sanctions : penalties financial to in the encounter of the buyer Reduce the duration of the contract Cancellation of the contract (retroactivity) The judge can change of cap in course in particular (RPC > RC) The TEG appeals CE April 2014, Tarn and Garonne Council of'Etat Tropic : opening of a claim for annulment of the administrative contract to competitors excluded. The judge administrative a wanted étendre this recourse to all the tiers here ont a interest for all the administrative contracts, Council of State TEG (end to the theory of detachable act) FINALITE OF REVIEW : ANNULATION partial or total/RESILIATION YOU CONTRACT 1. REQUERANTS : all persons who would have had an interest in concluding the contract and who may be harmed by the buyer's defaults. [...]
