Analysis
14 July 2019

Any individual with a role in a public procurement process can be held liable for favoritism, Supreme Court says

Bastille Day Newsletter 2019 - Enforcement / Court Decisions

 

Favoritism is a probity offense which runs against the principles of equal and free access to public procurement contracts and applies to a broad category of individuals – broader than for any other probity offense – and now features in the French Criminal Code1.

The French Supreme Court (Cour de Cassation) held the chief executive of a public hospital accountable for favoritism in a judgment dated September 12, 20182. More specifically, the chief executive was blamed for awarding a contract to an architectural firm without calling for competing bids.

The court stressed that this individual – as the head authorizing officer for expenditures of a public institution – was in a position to intervene in the award of public contracts and was responsible of the very system that enabled him to bypass the rules of public procurements. The chief executive was thereby accountable for favoritism pursuant to article 432-14 of the Criminal Code – and this despite not being part of the public procurement signatories.

This decision constitutes a coherent application with the French Criminal Code, which implies that any individual who is in a position to interfere in the public procurement process and to award someone an undue advantage will undoubtedly be held liable for favoritism.

Related content

Publication
The Practitioner’s Guide to Global Investigations - 7th Edition
13 January 2023
Navacelle co-authors GIR of the Practitioner’s Guide to Global Investigations – 7th edition
NAVACELLE co-authors the French chapter of the seventh edition of Global Investigations Review’s Practitioner’s Guide to Global Investigations.
Analysis
Lobbying : Declaration obligations of interest representatives in France
14 July 2022
Lobbying: Declaration obligations of interest representatives in France
Highlight on the disclosure obligations imposed on interest representatives in France, as provided for by Law 2013-907 of October 11,...
Publication
The Guide to Sanctions -GIR (2022)
10 July 2022
The Guide to Sanctions (2022) – GIR
Navacelle co-author of the third edition of the Global Investigation Review's Guide to Sanctions.
News
Le monde du droit - Roxane Castro
2 February 2023
Le monde du droit announces the arrival of Roxane Castro as Counsel
Navacelle strengthens its regulatory litigation practice with the arrival of Roxane Castro
Event
2 February 2023
ICC Mexico – Sapin II and France’s efforts to tackle corruption
Stéphane de Navacelle is invited by the ICC of México to talk about the Sapin II law and France's efforts...
Event
CERAS - Violence, symptom or system
30 January 2023
“Violence, symptom or system? Naming, confronting, overcoming”.
Discover Stéphane de Navacelle's testimony during the annual session of the Ceras - Centre de Recherches et d'Actions Sociales.
Press review
Press review - Week of 23 january 2023
27 January 2023
Press review – Week of 23 January 2023
In this week’s press review, you will find two cases which were dismissed, one concerning the defective management of the...
News
Roxane Castro
26 January 2023
Navacelle strengthens its regulatory litigation practice with the arrival of Roxane Castro
With an international culture and a multidisciplinary team led by Stéphane de Navacelle and Julie Zorrilla, Navacelle continues to develop...
Publication
25 January 2023
Overview of the AFA’s survey regarding French companies’ anti-corruption systems
On 30 September 2022, the French Anti-Corruption Agency published the results of its second survey of French companies’ anti-corruption systems....
Analysis
24 January 2023
Sanctioning obstructions to AMF investigations: Update from the Constitutional Court in its decision of 28 January 2022
On 28 January 2022, the Constitutional Court ruled that Article L. 621-15, II, f of the Monetary and Financial Code...
Press review
Week of 16 January 2023
20 January 2023
Press review – Week of 16 January 2023
This week press review includes the latest news on criminal law, business criminal law and criminal procedure. Thus, this review...
Press review
Press review - Week of 9 january 2023
13 January 2023
Press review – Week of 9 January 2023
This week in the press review, a dismissal of the Chlordecone case in the French West Indies and a $17.2...
Event
The fundamental rights of the company - AIJA
12 January 2023
[Roundtable] The fundamental rights of the company
Stéphane de Navacelle participated in the French-speaking conference on fundamental rights in business organised by AIJA on Friday 13 January 2023.
Press review
Week of 2 January 2023
6 January 2023
Press review – Week of 2 January 2023
This week in the press review, two Members of the European Parliament have been subjected to immunity waiver proceedings in...