Arnaud Sée

The obligations of publicity and competitive tendering are largely reduced in the case of the MAPA (marché à procédure adaptée). Admittedly, the MAPA are not subject to a formal procedure, but they must nonetheless comply with the fundamental principles of public procurement (CE, Sect., 30 January (...)

Competitive bidding for land titles is a sea serpent whose history is well known. As recommended by the Competition Council (Cons. conc., notice No. 04-A-19 of 21 Oct. 2004 on the occupation of the public domain for the distribution of free newspapers), it is a snake in the sea.), imposed by (...)

The Hannover Region and the City of Hannover have set up a union of local authorities in order to allocate some of their competences to them. They have provided the new entity with the resources that they themselves have allocated to the exercise of these competences, and have undertaken to (...)

The close links between competition law and public procurement law are now well known. Moreover, the competitive analysis of the rules of public procurement law is not new (see already Conseil de la concurrence, opinion n° 96-A-08 of 2 July 1996 relating to the proposals made in a report on the (...)

A few months after the reform of public procurement law (see "Government transposes Directives 2014/24 and 2014/25 and redefines the scope of public procurement law", note A. Sée), Order No. 2016-65 of 29 January 2016 relating to concession contracts continues the work on public procurement law (...)

Three European Commission regulations dated November 24, 2015 set the new thresholds for the application of European directives on public procurement contracts. Decree no. 2015-1904 of December 3, 2015 incorporates these provisions. As of January 1, 2016, these thresholds will be : 135 000 € HT (...)

The Competition Authority, judge of the competition? By monitoring the conditions for awarding state-owned sub-concessions, the Authority initiates a control of the procedures for awarding certain state-owned occupations with regard to the rules of the law on anti-competitive practices. It is, (...)

The pre-contractual summary proceedings judge is no longer only the judge of the call for tenders: by accepting to control the competence of the public person applying for the award of a public procurement contract, he extends his office beyond the limits set by article L. 551-1 CJA. In this (...)

Transposing Directives 2014/24/EU (general directive) and 2014/25/EU (special sectors), the Ordinance of 23 July 2015 (hereinafter "the Ordinance") repeals the Public Procurement Code and the Ordinance of 6 June 2005. The Ordinance was adopted with the authorisation of the legislature (Article (...)

With the decision of the "Société Armor SNC" Assembly, it is once again "the nagging question of the legal regime governing the candidacy of public persons for the award of a public contract" that is at issue (G. Eckert, "Candidature d’une personne publique: le Conseil d’État confirme l’avis Société (...)

Some time ago, Professor Lichère remarked that the coming years "could be those of concessions" (F. Lichère, "L’évolution du droit des concessions en droit communautaire", in L’évolution des concessions dans les droits européens nationaux et dans le droit communautaire, colloquium organised on 22 May (...)

While free competition still does not have constitutional value (Constitutional Council, Decision No. 2001-450 DC of 11 July 2001, Law on various social provisions; EC, 2 March 2011, Société Manirys, No. 345288), the constitutional judge is less and less insensitive to competition concerns (M. (...)

3 Street Furniture contracts are not systematically public procurement contracts subject to advertising and competitive bidding requirements. While they were thought to be definitively qualified as public contracts (EC, 4 November 2005, Société Jean-Claude Decaux, [2005] ECR 476, note B. du (...)

Although public procurement law allows cooperation contracts between public entities, it does not systematically exclude them from the rules of competition. The Court of Justice usefully recalled this in an important decision of 19 December 2012. In that case, the Health Agency of Lecce had (...)

CJEU, 19 December 2012, Azienda Sanitaria Locale di Lecce, C-159/11 The judgment Azienda Sanitaria Locale di Lecce and Università del Salento v Ordine degli Ingegneri della Provincia di Lecce, delivered in Grand Chamber on 19 December 2012, makes a negative application of the case law of 9 June (...)

Decision No. 12-D-21 of 18 October 2012 concerning practices in the baggage delivery sector at Paris-Charles de Gaulle airport. The Competition Authority was seized following a refusal by Aéroports de Paris to authorise a baggage handler to carry out his activity at the airport. Applying the (...)

CE, 13 July 2012, Compagnie Méridionale de Navigation, n° 355616 The issue of financing public transport services has been the subject of sustained attention by the Council of State in recent months (see not. CE, 23 July 2012, Île-de-France Region, this review, n° 04-2012, note D. Guinard). It is (...)

CE, 29.06.12, Company PRO 2C, n°357976 Contracts for the provision of services concluded and executed abroad are subject to minimum competitive bidding obligations, which do not, however, impose the notification of the rejection of his offer on the ousted competitor: such is the scope of the (...)

CE, 23 May 2012, Régie autonome des transports parisiens (RATP), No. 348909 The RATP decision handed down by the Conseil d’État on May 23, 2012 is important for a number of reasons. First of all, it is interesting because of the facts at the origin of the dispute. At issue in this case was the (...)

EC, Ass. 26 October 2011, Association for the Promotion of the Image and others, nos. 317827, 317952, 318013 and 318051 The administrative judge recalls that public persons may freely carry out the activities necessary for the public service missions for which they are responsible. Prefectures (...)

EC, 23 May 2011, Department of Guyana, No. 314715 The "Département de la Guyane" decision allows the administrative judge to settle definitively the fate of the tacit renewal clauses contained in the public service delegations prior to the Sapin law (Law No. 93-122 of 29 January 1993 on the (...)

CE, Ass. 28 December 2009, Commune of Béziers, n° 304802 The administrative judge completes the restructuring of contractual litigation. After the opening of an action contesting the validity of the contract to certain third parties (CE, Ass., 16 July 2007, Société Tropic travaux signalisation, (...)

ECJ, 15 October 2009, Acoset, Case C-196/08 A few years ago, Professor G. Eckert wondered about "the very sustainability of the semi-public economy in the contemporary context", particularly in view of the constraints imposed by Community law (G. Eckert, Les sociétés d’économie mixte, bilan et (...)

CE, 4 March 2009, Syndicat national des industries d’information de santé (SNIIS), No. 300481 Public procurement law, while requiring contracting authorities to comply with strict competitive procedures, does not imply the systematic outsourcing of tasks in the public interest. The Conseil (...)

CE, Sect. 30 January 2009, Agence Nationale Pour l’Emploi (ANPE), n° 290236 The fundamental principles of public procurement law form the backbone of competitive tendering procedures. The decision handed down by the Administrative Jurisdiction Division of the Council of State on 30 January 2009 (...)