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

Articles in this section · 4

Article 1441-3

French Code of civil procedureIn force

Updated 7 Nov 2023

I.-The review provided for in Article 11 of the aforementioned Order may be brought before the court no later than the thirty-first day following the publication in the Official Journal of the European Union of a contract award notice, drawn up 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, or, for contracts based on a framework agreement or a dynamic purchasing system, following notification of the conclusion of the contract. The period runs only if this notification mentions the name of the successful tenderer and the reasons that led to the choice of his tender.

In the absence of the publication of notice or the notification mentioned in the preceding paragraph, the court may be seised until the expiry of a period of six months from the day following the day of the conclusion of the contract.

II.-The court shall rule within a period of one month on applications submitted to it pursuant to Article 11 of Order no. 2009-515 of 7 May 2009 relating to the appeal procedures applicable to public procurement contracts.

III.-.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.-A matter may be brought before the court or tribunal no later than the thirty-first day following publication of a notice of award of the contract in the medium which was principally used for prior advertising or, in the case of contracts based on a framework agreement or a dynamic purchasing system, following notification of the conclusion of the contract. The period runs only if this notification mentions the name of the successful tenderer and the reasons that led to the choice of his tender.

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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