CE Sect. 3 October 2008, SMIRGEOMES

By virtue of the provisions of Article L. 551-1 of the Code of administrative justice, the persons authorised to act to put an end to the failure of the contracting authority to fulfil its publicity and competition obligations are those likely to be adversely affected by such failures. It is therefore the responsibility of the pre-contractual urgent applications judge to seek whether the company which brings the case before him argues failures which, having regard to their scope and to the stage of the procedure to which they relate, are likely to have adversely affected it or ran the risk of adversely affecting it, even indirectly, by favouring a competing company.