Chapter VI: Disputes relating to the award of private law public procurement contracts

Articles in this section · 4

Article 1441-3-1

French Code of civil procedureIn force

Updated 7 Nov 2023

I-In order to be able to rely on the provisions of the first paragraph of Article 13 of the above-mentioned Order of 7 May 2009, the contracting authority/entity shall publish in the Official Journal of the European Union a notice, in accordance with the model set out in the European Commission Regulation establishing standard forms for the publication of notices in the field of public procurement and concession contracts, of its intention to conclude a contract. It must respect a period of at least eleven days between the date of publication of this notice and the date of conclusion of the contract.


In order to be able to avail itself, in the case of contracts based on a framework agreement or a dynamic purchasing system, of the provisions of the second paragraph of the same article, the contracting authority/entity shall notify the holders of the framework agreement or the participants in the dynamic purchasing system of the name of the contractor and the reasons which led to the choice of its tender, and shall observe a period of at least sixteen days between the date on which this notification is sent and the date on which the contract is concluded. This period is reduced to at least eleven days in the event of electronic transmission of the notification to all interested contractors.

II.-For its application in Saint-Barthélemy, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands and the French Southern and Antarctic Territories, I is worded as follows:


I.-In order to avail itself of the provisions of the first paragraph of Article 13 of the above-mentioned Order of 7 May 2009, the contracting authority or entity must publish a notice of its intention to conclude a contract in the local Official Journal. It shall respect a period of at least eleven days between the date of publication of this notice and the date of conclusion of the contract.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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