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How Strikes Interact with Public Procurement Law

How Strikes Interact With Public Procurement Law

Strikes are a recurring feature of France’s social and political life. Their consequences reach beyond the immediate disruption of public services and into the functioning of procurement. While they may appear temporary, their effects on logistics, contracts, and supplier relationships can be material, particularly for public projects bound by strict legal frameworks. The upcoming nationwide day of action planned for 10 September 2025 illustrates the need for procurement teams to prepare, assess risks, and adapt within the framework of the Code de la commande publique.

Legal Framework and Protections

French law offers buyers mechanisms to manage disruption. Article L2195-2 of the Code de la commande publique allows termination for force majeure, echoing Article 1218 of the Civil Code. Article R2194-5 permits contract modifications when unforeseeable events make changes necessary, subject to limits. The 2021 CCAGs clarify how penalties can be applied or waived when performance is delayed, and recent guidance from the Conseil d’État and the Ministry of the Economy confirms that price adjustments may be considered under exceptional circumstances. Together, these tools provide a structured response to the uncertainty caused by strikes.

Operational Impact

The most immediate channel of disruption is logistics. Roadblocks, rail stoppages, and port closures delay inbound supplies and outbound deliveries, raising costs and extending project schedules. Energy is another pressure point: strikes at refineries or depots can lead to fuel shortages, hitting construction and service operations hard. Administrative slowdowns during strikes may delay permits, inspections, and approvals. Workforce availability is also reduced, affecting suppliers, subcontractors, and inspectors. While Banque de France studies show national GDP impacts are often minor, the micro-level impact on procurement projects can be substantial.

The 10 September 2025 Blockade

Trade unions and allied groups have called for widespread disruption across roads, airports, ports, and energy hubs on Wednesday 10 September 2025. Procurement teams should expect delays to deliveries, interruptions in fuel distribution, and difficulties in moving staff and equipment. For ongoing tenders requiring site visits or in-person clarification meetings, deadline extensions may be unavoidable and must be formalised through a rectificative notice. The risk is not only logistical but also contractual, as suppliers may invoke force majeure or request deadline adjustments.

Mitigation and Continuity

Digitalisation has reduced some vulnerabilities: since 2018, procedures above EU thresholds must be conducted electronically, protecting the submission of tenders from transport blockages. Buyers should ensure their platforms remain accessible and that bid evaluation teams are able to operate remotely. In practice, it is advisable to bring forward non-critical deliveries, split shipments, request continuity plans from suppliers, and document all disruption carefully. Extending deadlines must be proportionate and based on objective grounds to withstand scrutiny.

Broader financial issues

Beyond the immediate disruptions caused by strikes, a more structural question arises: the sustainability of France’s public finances. Deficit and debt levels remain high, and some analysts point to the possibility, however remote, of external intervention such as that of the IMF should the situation deteriorate.

In this context, public buyers and French companies would benefit from anticipating a scenario of budgetary pressure. Commonly recommended strategies include reducing debt, maximising cash flow, mobilising all available lines of credit, and ensuring their transparent recording on the balance sheet.

For their part, companies that rely on French suppliers may wish to assess their own exposure. Diversifying supply sources, building up safety stocks, or integrating specific contractual clauses can help mitigate risks linked to a potential weakening of the French economy.

Potential Positive Outcomes

Although disruptive, strikes can also strengthen procurement practice. They stress-test supply chains, pushing organisations to diversify suppliers and build safety stocks. They accelerate digital adoption, encouraging remote working and dematerialisation of procedures. Finally, they often lead to clearer contractual drafting around price revisions and risk-sharing, aligning with recent legal guidance.

Strikes in France will remain a recurring challenge for procurement. The upcoming mobilisation of 10 September 2025 is likely to affect transport, fuel, and logistics, but procurement teams equipped with foresight, flexibility, and an understanding of the legal framework can mitigate disruption. By preparing in advance and learning from these events, buyers not only reduce immediate risks but also build resilience for the future..

Sources:

Avis relatif aux possibilités de modification du prix ou des tarifs des contrats de la commande publique https://www.conseil-etat.fr/avis-consultatifs/derniers-avis-rendus/au-gouvernement/avis-relatif-aux-possibilites-de-modification-du-prix-ou-des-tarifs-des-contrats-de-la-commande-publique

Code de la commande publique « Article R2194-5 – Code de la commande publique » https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037729553

Code de la commande publique « Article L2195-2 – Code de la commande publique » https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037703849

‘Block Everything’: While September 10 movement echoes the Yellow Vests, it also has key differences https://www.lemonde.fr/en/france/article/2025/09/07/block-everything-while-september-10-movement-echoes-the-yellow-vests-it-also-has-key-differences

Blocages, grèves… À quoi faut-il s’attendre pour la journée «Bloquons tout »du 10 septembre ? https://www.europe1.fr/politique/blocages-greves-a-quoi-faut-il-sattendre-pour-la-journee-bloquons-tout-du-10-septembre-771736

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