Authorization to contract: the Court of Appeal clarifies the AMP’s obligations when it identifies a failure to meet integrity standards

On October 5, 2026, in Autorité des marchés publics v. Excavation National inc., the Court of Appeal clarified the obligations of the Autorité des marchés publics when it identifies a failure to meet integrity standards, reaffirming that the AMP is not required to impose corrective measures on the enterprise concerned. The Court nevertheless outlined the steps the AMP must follow, depending on its intended course of action, to fulfill its duty of procedural fairness.

When the AMP identifies such a failure during a review of an enterprise’s integrity, it has two options: prohibit the enterprise from entering into public contracts or make its access to those contracts conditional on corrective measures. The decision clarifies the AMP’s obligations under each approach.

1. If the AMP is considering a prohibition

It must send the enterprise a prior notice setting out the reasons for the contemplated refusal and give it an opportunity to submit observations. This notice necessarily implies that the AMP is not considering corrective measures at that stage, even if it does not expressly say so.

After reviewing the observations received, and if it maintains its initial finding that the enterprise fails to meet integrity standards, the AMP may:

• Maintain the refusal without further notice. The reasons for its final decision must explain why corrective measures are being ruled out, including any measures proposed by the enterprise.
• Change course and decide to impose corrective measures. It must then send a new prior notice setting out the contemplated measures and their terms and conditions, allowing the enterprise to comment on them. This second notice is not required, however, if the AMP adopts the measures proposed by the enterprise itself in its initial observations. It will then issue a final decision imposing those measures.

2. If the AMP is considering corrective measures

It must send the enterprise a prior notice setting out the alleged failures to meet integrity standards, the contemplated measures, and the terms and conditions for their implementation. The enterprise may then submit its observations.

After reviewing those observations, and if it maintains its initial finding that the enterprise fails to meet integrity standards, the AMP may:

• Issue a decision imposing the measures it considers appropriate.
• Change course and conclude that a refusal is warranted. It must then send a new prior notice of refusal, explain its reasons, and allow the enterprise to respond before issuing its final decision. If the final decision maintains the refusal, it must explain why corrective measures are being ruled out.