Décision judiciaire de Conseil d'État, 29 juillet 2019
Date de Résolution | 29 juillet 2019 |
Juridiction | VI |
Nature | Arrêt |
A propos d'entreprises liées entre elles, la Cour de justice de l'Union européenne a rappelé dans son arrêt C-531\/16 qu'il ne suffit pas de démontrer qu'il existe des liens entre les deux soumissionnaires, il faut encore établir que ces liens ont eu une influence sur le contenu de leurs offres et l'indépendance de celles-ci. Par ailleurs, il semble encore ressortir de cet arrêt qu'il suffit qu'il soit établi que les liens entre les sociétés ont eu une influence que le contenu de leurs offres pour que leurs candidatures doivent être écartées, sans qu'il ne soit requis de démontrer que ces offres concertées aient été de nature à fausser la concurrence. Les offres ne peuvent donc être concertées, ce qui peut s'avérer difficile voire impossible pour des sociétés soeurs qui partagent en partie le même conseil...
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