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

Articles in this section · 4

Article 1441-2

French Code of civil procedureIn force

Updated 7 Nov 2023

I. - The judge shall rule within twenty days on applications submitted to him pursuant to Articles 2 and 5 of the aforementioned Order.

II. - The judge may not rule on these applications before the sixteenth day following the date on which the decision awarding the contract was sent to the economic operators who submitted an application or a tender. This period shall be reduced to the eleventh day where the contracting authority/entity provides evidence that the decision to award the contract was notified by electronic means to all the economic operators concerned.

In the case of applications submitted before the conclusion of contracts mentioned in the first paragraph of Article 13 of the same Order, the judge may not rule before the eleventh day from the publication of the intention to conclude the contract.

III. - The public prosecutor acts ex officio in the case provided for by article 9 of the aforementioned ordinance.

Mariela Petrova

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Common Questions

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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