Question juridique clé
Whether the public-law appeal was admissible despite the award contract not yet formally signed
Solution extraite
Yes. In procurement matters, once performance had effectively begun, the situation was equivalent to contract signature, so individual appeal standing and declaratory interest were recognized.
Motifs extraits
The court applied its case law allowing an individual member of a consortium to appeal once the award is materially implemented, and permitted a declaration of unlawfulness only as to the awarding authority's act, not the cantonal judgment.