JUSTICE: Cancellation of a training market: the COM withdraws its appeal

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In January 2021, the Collectivity launched a call for tenders procedure for the award of a framework agreement relating to the mobilization, orientation and support for professional integration and the organization of pre-qualifying training, in three batches. 

In September, one of the training centers which had seen its offer for lot 2 rejected, seized the judge in chambers of the administrative court of Saint-Martin with a view to having the award of this lot canceled. The center considers that it was harmed in the drafting of its offer because the COM did not specify the maximum amount of the benefit. The judge in chambers considers that the COM should have done so in accordance with a directive, that it therefore failed “in its obligations of publicity and competition”. So he cancels the contract in September.

The following month, the COM and the company whose contract had just been cancelled, appealed to the Court of Cassation to request the cancellation of the interim judge's order.

The company maintained its position and presented conclusions in this sense which were rejected by the Council of State for the same reasons as those mentioned by the administrative court, the Collectivity had chosen to withdraw. "The withdrawal of the collectivity of Saint-Martin is pure and simple" noted at the beginning of February the Council of State which took note of it in a judgment at the beginning of February of this year.

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