La legitimación en el procedimiento de urgencia precontractual L'Arrêt "Smirgeomes" del Consejo de Estado Francés

The SMIRGEOMES judgement has brought about a change in the case law of the French Council of State. For a long time, the State Council had established a plain and objective test to challenge the expedite pre-contractual trial. In the said judgement, the standing grounds that allow such challenges are restricted. Thus, in an expedite pre-contractual trial, locus standi is limited as regards both the issue and the grounds for appeal, which are limited to certain conditions relating to the harm or damage already suffered or which may be suffered by the party interested in hiring.