Application to suspend the signing of a public contract rejected

In an order dated 10 December 2021, the President of the Administrative Court rejected an application for a stay of execution of a public contract relating to school transport in the Commune of Leudelange.

While the rejection is linked to the absence of proof of serious and definitive harm (one of the two conditions for obtaining a stay of execution), it is nevertheless interesting to note the court’s call for the contracting authority to reconsider its decision.

This recommendation was prompted by the fact that the Commune of Leudelange had – after finding it difficult to compare the bids received – decided to apply award criteria other than those initially set out in the tender documents.

It is particularly commendable that, in this case, the court did not simply dismiss the case on the basis that one of the required conditions had not been met.

The pedagogical approach adopted can thus make it possible, without giving immediate judicial satisfaction to the claimant, for the contracting authority to re-analyse the legal situation in full knowledge of the facts.