University Paris Nanterre

Albéric Sakon

ALR Global Consulting, University Paris Nanterre, CDER : Expertise comptable et conseil
Legal Audit

Albéric Sakon is currently working at CDER as tax management lawyer. He is also a lecturer at the University Of Paris Ouest Nanterre la Défense. He lectures public economic law, administrative law and the economic policies and is also Ph Student at the Centre de Recherche en Droit Public (CRDP) University Of Paris Ouest Nanterre la Défense. He worked as lawyer in house (Public Law, Public contract) at the SMACL Synergie. He worked with the Councillor of State Bertrand du Marais at the think thank “The Economic Attractiveness of Law” (Attractivité économique du droit), that studies the analysis of interactions between Law and Economics and does economic impact assessment of Law on a comparative basis. He contributed to the report on the effect of the principle of non-discrimination in the allocation of gases with greenhouse effect and he is presently working at a thesis on the international system of exchange of gases with greenhouse effect.

Linked authors

CRDP (Nanterre)
CRDP (Nanterre)
University Paris Nanterre
European Court of Justice (Luxembourg)
University Paris Nanterre


52943 Review

Albéric Sakon, Bertrand du Marais CO2 quotae: The Government modifies the Monetary and Financial Code throught a draft bill on banking and financial regulation to take into account the financial crisis with regard to the development of the CO2 emission trading scheme


Banking and Financial Regulation Bill, adopted without amendment on 2nd reading by the National Assembly on 11 October 2010 With Directive 2003/87, the European Community embarked on the construction of its most ambitious environmental policy by creating a European system for trading CO2 (...)

Albéric Sakon Cancellation of the contribution "climate-energy": The French Constitutional Court rules a new carbon tax as contrary to the constitutional principle of equality of treatment and to the goal of the policy to fight against global warning (Financial Law 2010)


Cons. const. dec. no. 2009-599 DC of 29 December 2009 relating to the Finance Act for 2010 To date, the obligations to reduce greenhouse gas emissions in the Member States of the Community have only been imposed on the industrial sectors which were the largest emitters of CO2 (mainly in the (...)

Albéric Sakon Public procurement - Review procedure: The Council of State substantially reduces the process for contract review before conclusion (Communauté d’agglomération Salon-Etang de Berre-Durance)


EC, 22.12.08, No 311268 In the present case, the Communauté d’agglomération Salon-Étang de Berre-Durance awarded a contract for public bus transport services by means of an open invitation to tender. An evicted company brought the matter before the juge des réfères of the Administrative Court of (...)

Albéric Sakon Equal treatment: The ECJ rules that, even if the steel and non ferrous, plastic and chemical industries are not equally considered within the scope of the Greenhouse gas emission allowance trading scheme, this breach of the equal treatment principle does not lead the Directive 2003/87 of 13th of October 2003 to be invalid since it is governed by a step by step approach (Arcelor Atlantique et Lorraine)


ECJ, 16 December 2008, Société Arcelor Atlantique et Lorraine and Others v. Prime Minister and Others, Case C-127/07 The steel sector is, due to the use of fossil materials that emit high levels of CO2, subject to the greenhouse gas emissions trading system. However, some of the goods it offers (...)

Albéric Sakon, Bertrand du Marais Public procurement: The ECJ rules on how to combine the obligation of a competitive bidding and the transfer of the contract, its extension and an unlimited duration clause (Pressetex Nachrichtenagentur GmbH c/ Autriche)


ECJ, 19 June 2008, Pressetex Nachrichtenagentur GmbH v. Republik Österreich (Bund), case C-454/06 The Court of Justice of the European Communities emphasises that, in order to ensure the transparency of procedures and equal treatment of tenderers, amendments made to a public contract during its (...)

Albéric Sakon, Bertrand du Marais Public procurement scope: The Council of State rules that “subsidies” paid by a local government to get vocational training are public procurement contracts when they are paid as counterpart for a service defined by the government, whatever their contractual definition (La Réunion)


EC, 26 March 2008, Reunion Region, No. 284412 The scope of the principle of competition continues to extend to the provision of vocational training: the Council of State has instituted here the obligation for local authorities to subject their providers of training modules to the competitive (...)

Albéric Sakon, Bertrand du Marais Public fees/tariff: The Council of State holds that the tariff that public hospitals levy on private activities of medical doctors employed as public employees can partly be related to a market price (SNDELM)


CE, Section, 16 July 2007, Syndicat National de Défense de l’Exercice Libéral de la Médecine à l’Hopital e. a., n° 293229 The existence of a "private sector" within the public hospital has always been both an original feature of the French health system and a source of recurrent legal difficulties. (...)

Albéric Sakon, Bertrand du Marais Public tender: The Council of State rules that no bidding process is necessary for a public body in order to subsidize a non profit organization in charge of operating a public service as long as this service is out of the market (Commune d’Aix en Provence)


CE, Section, 6 April 2007, Commune d’Aix en Provence c/ Armand, n° 284736 In this very interesting ruling of principle, the Conseil d’État both settles a question of great practical interest - must "paramunicipal" associations be subject to prior competition under public service delegations - and (...)

Albéric Sakon, Bertrand du Marais Principle of equal treatment: The French Council of State applies for an ECJ preliminary rulings and underlines the close relationship between the principle of competition and the principle of equal treatment (Arcelor Atlantique et Lorraine)


CE, Ass. 8 February 2007, Société Arcelor Atlantique et Lorraine, No. 287110 The steel sector is, due to the use of fossil materials that emit high levels of CO2, subject to the greenhouse gas emissions trading system. However, some of the goods it offers on the markets are in direct competition (...)

Albéric Sakon, Bertrand du Marais Public procurement: The Council of State holds that the adjudicating power must inform bidders about the reason their proposals have been dismissed (Syndicat des eaux de Charente-Maritime)


This information should not impair fair competition and be an infringement of professional secrecy CE, 20 October 2006, Syndicat des eaux de Charente-Maritime, n° 278601 (to be mentioned in the tables of the Recueil Lebon) The difficult conciliation between transparency and competition To (...)

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