TO Hugues-Olivier Dumez
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this is a hit for Voloteya. By order March 21, 2022judge in chambers administrative court for gives a reason to its competitor, which was ousted for the exclusive operation of the airline between airports Tarbes Lourdes as well as Paris-Orly.
Tender won by Volotea
Last February, the Spanish airline won an open tender held by a mixed union. Pyrenees. Considering themselves offended, the company Chalair Aviation – whose proposal came second – then presented pre-contractual referral challenge the procedure for granting public service in an administrative court.
A press release from the Poe Administrative Court states that the Judge in Chambers considered that “ the chosen delegate’s statement was not regular regarding the rules for consultations”. Thus, the procedure is “cancelled from the stage of consideration of applications”.
Compensation paid by the state for providing this connection
We remind you that the mixed union Pyrénia has started a procurement procedure with the aim of concluding a tripartite agreement between the state, the air carrier and itself, this agreement includes government compensation in exchange for fulfilling public service obligations.
Thus, Volotea was expected to collect about 4.5 million euros per year within four years to provide this connection, intended for the development of the region’s economy.
Problem, the judge in the chambers noted that the proposal submitted by the Volotea company should not have been considered by the joint syndicate. After all, according to the rules of consultation, “persons convicted for ignorance of certain obligations of the labor code”.
Convicted of acts of covert work
However, this exception is waived for persons who meet several conditions, including the condition of payment of all fines and compensation due as a result of their conviction. “However, Volotea was convicted by the verdict Criminal Court of Bordeaux from September 13, 2021 to damages and a fine of 200,000 euroswith a suspended sentence of half the amount, for acts of covert work, lack of declarations in the organization of social protection in France for some of their pilots,” recalls the administrative judge.
Volotea, which has admitted that he did not pay all the amounts Thus, the judge in the chamber held that he had thus failed to comply with the conditions set out in Article L. 3123-4 of the Public Procurement Code allowing him not to be excluded from the procurement proceedings, even though he appealed against the decision of the criminal court.
The offer should not have been considered
Thus, Voloteya’s proposal was not to be considered by the united syndicate. ” This non-fulfillment by the syndicate of Pyrenees of its obligations under an open competition probably had offended the company “Chalair”, whose proposal took second place,” the judge in the chamber explains. Thus, the latter abolished the procedure for awarding consent at the stage of consideration of applications. “If it intends to continue the procurement procedure, the hybrid union will have to resume it at this stage.”
The flight program was to begin in principle on June 1, 2022, and include two round-trip flights a day, morning and evening, every day of the week, on a 156-seat Airbus A319 aircraft. Thus, this is a return to the starting point for the defenders of the direct air line between Tarbes and Paris.
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