Article R3131-5 of the French Public procurement code
November 7, 2023
The work of the Observatoire économique de la commande publique provided for in articles R. 2196-2 to R. 2196-4 also covers concession contracts.
The work of the Observatoire économique de la commande publique provided for in articles R. 2196-2 to R. 2196-4 also covers concession contracts.
The electronic invoicing standard referred to in Article L. 3133-3 is that set by European Commission Decision (EU) 2017/1870 of 16 October 2017 on the publication of the reference of the European standard on electronic invoicing and the list of syntaxes under Directive 2014/55/EU of the European Parliament and of the Council.
Without prejudice to the compulsory information laid down by legislative or regulatory provisions, the invoices referred to in articles L. 3133-1 to L. 3133-3 shall include the following information: 1° The date of issue of the invoice ; 2° The designation of the issuer and recipient of the invoice; 3° The unique number based on a chronological and continuous sequence established by the issuer of the invoice; the numbering may…
An Order of the Minister for the Budget, appended to this Code, defines the technical procedures for submitting, transmitting and receiving invoices on the public invoicing portal in application of Article L. 3133-6. These procedures guarantee immediate and complete receipt of invoices and ensure reliable identification of the issuer, data integrity, security, confidentiality and traceability of exchanges. Use of the public billing portal is exclusive of any other method of…
The payment period provided for in the first paragraph of Article L. 3133-10 is set at thirty days for contracting authorities, including when they are acting as a contracting entity.
Notwithstanding article R. 3133-10, the payment period is set at : 1° Fifty days for public health establishments and establishments of the armed forces health service; 2° Sixty days for public undertakings within the meaning of II of Article 1 of the Order of 7 June 2004 transposing Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings, with the exception of…
Subject to the provisions of articles R. 3133-13 to R. 3133-17, the payment period shall run from the date of receipt of the request for payment by the contracting authority or, if the concession contract so provides, any other person authorised for that purpose.
Where the date of receipt of the request for payment is uncertain or prior to the date of performance of the services, the payment period shall run from the date of performance of the services.
The date of receipt of the request for payment and the date of performance of the services shall be established by the services of the contracting authority or, where applicable, by the project manager or the person authorised for this purpose.Failing this, the date of the request for payment plus two days shall be deemed authentic. In the event of a dispute, it is up to the creditor to provide…
Where the payment request falls under the electronic invoicing obligation provided for in Articles L. 3133-1 to L. 3133-3, the date of receipt of the payment request by the contracting authority corresponds : 1° Where invoices are sent by electronic data interchange, the date on which the State’s budgetary and accounting information system time-stamps the arrival of the invoice and, for other contracting authorities, the date of notification of the…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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