DECRYPTION / Case of favoritism at the COM: what is he reproached with elected officials?


The president and the two vice-presidents are prosecuted for favoritism. What does it mean?

• Definition of the crime of favoritism

To be characterized, the crime of favoritism must bring together three circumstances, including that of not having passed an advertisement notice to allow companies to compete and therefore retain the most competitive offer.

In practice, if an elected official orders a service or the purchase of supplies for 10 euros from a company, he can buy from the company of his choice; it is exempt from publicity by the public procurement code. If a little later in the year, he re-orders from the same company for an amount of 000 euros, the second amount is always below the threshold requiring an advertisement notice (20 euros), but by one point from a legal point of view, the total amount invoiced by the company in the year is looked at, ie in this case 000 euros, an amount exceeding the regulatory threshold.

• The case of Saint-Martin

This is what is particularly criticized * for Daniel Gibbs and his vice-presidents. Several invoices were issued to the benefit of three local companies in 2018 and 2019 for total amounts exceeding the regulatory amount of 25 euros: 000 invoices were issued by Sound Master for a total amount of 21 euros for the sound system of several events (holidays of July 142, music, Grand Case, Sandy Ground, Christmas, etc.), 059 invoices were issued by Angele Car rental for a total amount of 14 euros for the distribution of food donations and 6 invoices issued by Gedec Exploitation for a total amount of 63 euros for the purchase of fuel.

This process is also criticized in the purchase of airline tickets, etc., from a travel company.

This operating system had existed for years in the community, it has since been regularized, since tenders were placed for the purchase of fuels, travel, etc. (


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