CCAG PI 2009 PDF

This judgment gives the opportunity to recall that the non-respect of the formalism of the statement of claim leads to the inadmissibility of the appeal. As a reminder, an agglomeration community has signed a contract with a consortium for the rehabilitation of a wastewater treatment plant. In the course of execution of the contract, the said group claimed an increase in its remuneration to which the agglomeration community refused to grant. The members of the project management group then decided to appeal to the administrative court to condemn the agglomeration community to pay them the sums claimed. The Conseil d'Etat will reject the appeal on the ground that the letter by which the members of the consortium asked for an increase in their remuneration can not be assimilated to a statement of claim within the meaning of the applicable GAC-IP. Article

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This judgment gives the opportunity to recall that the non-respect of the formalism of the statement of claim leads to the inadmissibility of the appeal. As a reminder, an agglomeration community has signed a contract with a consortium for the rehabilitation of a wastewater treatment plant. In the course of execution of the contract, the said group claimed an increase in its remuneration to which the agglomeration community refused to grant.

The members of the project management group then decided to appeal to the administrative court to condemn the agglomeration community to pay them the sums claimed. The Conseil d'Etat will reject the appeal on the ground that the letter by which the members of the consortium asked for an increase in their remuneration can not be assimilated to a statement of claim within the meaning of the applicable GAC-IP.

Article As a result, any dispute between the owner and the public purchaser must be the subject, prior to any contentious proceeding, of a statement of claim on the part of the holder of the contract. At the end of the case law, a contract holder's factum can only be regarded as a claim within the meaning of section In the present case, the Conseil d'Etat considers that a letter that merely proposes an increase in the remuneration provided for in the market by proposing different solutions to legally base the grant of this increase but without involving the statement of a dispute can not be regarded as a claim within the meaning of Section In this respect, it must be deduced that too much politeness kills the procedure.

We must not propose but require and threaten so that a mail can be considered as a true complaint. Failure to comply with the formality of the complaint may have drastic consequences on the admissibility of the application since the absence of notification of a preliminary complaint strikes the contentious appeals of inadmissibility be it actions on the merits or certain summary proceedings, such as the interim injunction CE 16 December , Group 6 architectural firm, application number Board of state April 26, No.

Considering that a contract holder's factum can only be regarded as a claim within the meaning of section Considering that it follows from the investigation that the aforementioned letter of 20 September did not contain the statement of a dispute when the grouping proposed different solutions to legally establish the granting of an increase in his remuneration and indicated : "I remain at your disposal to discuss with you the feasibility of this solution Article 1: The judgment of the administrative court of appeal of Marseille of December 12, is canceled.

We wish you all good luck during this eventful time. Please be aware that we use our professionalism and experience to assist and advise you in the best possible conditions. A letter requesting an increase in remuneration is not a complaint. Politique de cookies. Necessary Always Enabled.

Dear clients, Your law firm remains open, from a distance. Here are the working methods implemented: You can send us all your requests by email on our usual addresses or on the address maitrepalmier cabinetpalmier. Take care of your health.

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A letter requesting an increase in remuneration is not a complaint

Brought to you by. Dural arteriovenous fistula DAVF associated with unusual anatomical variation of dural sinuses. Sagara 1 , H. Kiyosue 1 , H. Mori 1 , S. Tanoue 1 , R.

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CCAG PI 2009 PDF

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Dural arteriovenous fistula (DAVF) associated with unusual anatomical variation of dural sinuses

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