Public procurement: who adjudicates disputes after 2001?

Application pratique:

This case law holds that if a public procurement contract had produced all its effects before December 11, 2001 (entry into force of the law), the administrative courts lack jurisdiction. The municipality must check if the contract was fully performed before that date. If so, the case belongs in judicial court, not administrative court. The municipality should verify the completion date and file its claim accordingly to avoid dismissal.

Application pratique:

The case law clarifies that for contracts in progress on December 11, 2001, the administrative court has jurisdiction over disputes arising from the award, performance, or settlement. Since the contract was still ongoing after that date, the co-owner can bring the case to the administrative court. The co-owner should file within the legal time limits and gather all documents related to the contract's performance after the law's entry into force.

Application pratique:

Since the contract had produced all its effects (completion and final payment) before December 11, 2001, the administrative court does not have jurisdiction. The company must bring its claim before the judicial court. It should immediately check the exact date of final payment and consult a lawyer to determine the correct court. Failure to do so may result in the case being dismissed for lack of jurisdiction.