French Business Law - French Legislation

Article L2141-2 of the French Public procurement code

November 8, 2023

Persons who have not made the declarations required of them in terms of tax or social security or who have not paid the taxes, levies, contributions or social security contributions due are excluded from the contract award procedure. The list of these taxes, levies, contributions or social security contributions is set by an order of the Minister for the Economy appended to this code.This exclusion does not apply to persons…

Article L2141-3 of the French Public procurement code

November 8, 2023

The following persons are excluded from the contract award procedure: 1° Subject to the compulsory liquidation procedure provided for in Article L. 640-1 of the French Commercial Code or subject to an equivalent procedure governed by foreign law; 2° Who, on the date on which the purchaser decides whether their application is admissible, are subject to a personal bankruptcy order or a management ban pursuant to articles L. 653-1 to…

Article L2141-4 of the French Public procurement code

November 8, 2023

Persons are excluded from the contract award procedure if: 1° They have been sanctioned for failure to comply with the obligations set out in Articles L. 8221-1, L. 8221-3, L. 8221-5, L. 8231-1, L. 8241-1, L. 8251-1 and L. 8251-2 of the Labour Code or have been convicted under Article L. 1146-1 of the same Code or Article 225-1 of the Criminal Code; 2° On 31 December of the year…

Article L2141-5 of the French Public procurement code

November 8, 2023

Persons who are subject to a measure of exclusion from administrative contracts by virtue of an administrative decision taken in application of article L. 8272-4 of the Labour Code are excluded from the contract award procedure.

Article L2141-6 of the French Public procurement code

November 8, 2023

The purchaser may, by way of exception, authorise an economic operator who is in a case of exclusion provided for in this Section to participate in the procedure for the award of a contract, provided that this is justified by overriding reasons relating to the public interest, that the contract in question may be awarded only to that economic operator and that a final judgment of a court of a…

Article L2141-6-1 of the French Public procurement code

November 8, 2023

A person who finds himself in one of the cases of exclusion mentioned in articles L. 2141-1, L. 2141-4 and L. 2141-5 may provide evidence that he/she has taken measures to demonstrate his/her reliability, in particular by establishing that he/she has, where appropriate, undertaken to pay compensation for the damage caused by the criminal offence or misconduct, that he/she has fully clarified the facts or circumstances by actively cooperating with…

Article L2141-7 of the French Public procurement code

November 8, 2023

The purchaser may exclude from the contract award procedure persons who, during the previous three years, have been required to pay damages, have had their contract terminated or have been subject to a comparable sanction as a result of a serious or persistent breach of their contractual obligations during the performance of a previous public procurement contract.

Article L2141-7-1 of the French Public procurement code

November 8, 2023

The purchaser may exclude from the procedure for the award of a contract persons subject to Article L. 225-102-4 of the French Commercial Code who do not comply with the obligation to draw up a due diligence plan including the measures provided for in the same Article L. 225-102-4, for the year preceding the year of publication of the invitation to tender or the launch of the consultation. Such consideration…

Article L2141-8 of the French Public procurement code

November 8, 2023

The purchaser may exclude from the contract award procedure persons who :1° Either have attempted to unduly influence the purchaser’s decision-making process or to obtain confidential information likely to give them an unfair advantage during the contract award procedure, or have provided misleading information likely to have a decisive influence on the exclusion, selection or award decisions ;2° Either through their prior direct or indirect participation in the preparation of…

Article L2141-9 of the French Public procurement code

November 8, 2023

The purchaser may exclude from the procedure for awarding a contract those persons in respect of whom he has sufficient evidence or a body of serious, reliable and concordant evidence to deduce that they have entered into an agreement with other economic operators with a view to distorting competition.

Call Us + 33 1 84 88 31 00

Call Us + 33 1 84 88 31 00

French Public procurement code

Article L2141-2 of the French Public procurement code

Article L2141-3 of the French Public procurement code

Article L2141-4 of the French Public procurement code

Article L2141-5 of the French Public procurement code

Article L2141-6 of the French Public procurement code

Article L2141-6-1 of the French Public procurement code

Article L2141-7 of the French Public procurement code

Article L2141-7-1 of the French Public procurement code

Article L2141-8 of the French Public procurement code

Article L2141-9 of the French Public procurement code

Contact a French lawyer now

Contact a French Business Lawyer

Do you need French-law advice?
Contact our Lawyers in France.

Call + 33 1 84 88 31 00.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

French Public procurement code

Contact a French lawyer now

Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

Useful links

You have a question in French Business Law?

Do you need French-law advice?
Contact our Lawyers in France.