Abstract

Public procurement contracts are a specific kind of civil law relationship concluded between business entities referred to as contracting authorities and contractors. The position of contractors is quite interesting, as they usually have the same core objects of business as the ordering authorities. These entities are the parties to the contract, raising the question as to whether contractors must be civil law entities, and whether they must also have the status of an economic operator. If this status is linked to the need to hold a licence, should the contracting authority, who is obliged to enforce this condition at this stage of the procedure, also have to enforce this condition after the contract has been concluded?