Université de Grenoble - Faculté de Sciences Politiques

Dorian Guinard

Université de Grenoble - Faculté de Sciences Politiques
Senior Lecturer (IEPG)

Dorian Guinard, Doctor in Public Law (Université Paris XI), is a senior lecturer at the « Institut d’Etudes Politiques de Grenoble (IEPG) ». He’s a member of the "Centre de recherche en droit public (CRDP)", Université Paris X Nanterre. He lectures European Economic Law and Administrative Law. He holds a PhD relating to the construction of the services of general interest and the reasoning leading to the determination of borders between economics and non-economic activities. His recent publications are about the State aid law (in relation to the Services of general economic interest ) and the impact of competition law in the public procurement law.

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University of Grenoble Alpes


5515 Review

Dorian Guinard Service of general economic interest - Monopoly : The French Administrative Supreme Court rules that the granting of an exclusive right may affect the freedom of trade and industry and can be compatible with Article 106 § 2 TFEU if it meets an objective of general interest and is proportionate to that objective (Rapidépannage)


In a judgment of sub-sections together (EC, 6 November 2013, Société Rapidépannage, No. 363963, unpublished in the Lebon collection), the Council of State recalls the limits of the scope of the freedom of trade and industry and implements the derogation clause of Article 106, § 2 of the Treaty on (...)

Dorian Guinard Regulated profession: The Court of Justice considers that rules adopted by the Portuguese professional chartered accountants establishing a system of compulsory training for their members constitutes a restriction of competition prohibited by art. 101 TFEU


The Court of Justice of the European Union has ruled on various occasions during the last quarter on the nature, economic or otherwise, of various activities (see, apart from the judgment under consideration here, CJEU, 19 December 2012, Mitteldeutsche Flughafen AG, case C-288/11 P). This (...)

Dorian Guinard State owned enterprise: The Court of Justice rules that the condition of similar control for an “In house” award is fulfilled as regard contracting authorities acting as minority shareholders provided that they plays a role in the managing bodies of the supplier entity (Econord)


The subject of quasi-public service contracts, or "in house" contracts, as the expressions are used, has recently been refined by the Court of Justice of the European Union (CJEU). By a judgment of 29 November 2012 (CJEU, 29 November 2012, Econord SpA, joined cases C-182/11 and C-183/11The (...)

Dorian Guinard Public service - Altmark case law: The Council of State considers that public subsidies which account for the funding of public service obligations may be considered as State aid if the corporations operate on non competitive markets as well as competitive markets (Région Île-de-France)


EC, 23 July 2012, Île-de-France Region, No. 343440 The summer period of 2012 saw the Council of State refine the issue of public service financing with regard to State aid law. By several decisions (EC 13 July 2012 SNCM and CMN v Corsica Ferries req. No 355616, this review, No 04-2012, note A. (...)

Dorian Guinard Gambling – Compatibility of the monopoly granted: The Court of Justice upholds the exclusive rights granted to an institution closely supervised by the State, so far as it is the only measure to prevent addiction to gambling (Zeturf)


CJEU, 30 June 2011, Zeturf, case C-212/08 A number of uncertainties concerning the European legal framework for gambling have been resolved over the last two years by all legal actors, both domestic and European. The conditions of application of public procurement and competition law to these (...)

Dorian Guinard Public procurement contract: The Council of State rules that art. 52-1 of the Public Procurement Contract Code should be applied so that a contracting authority cannot ask bidders to fulfil their bid but only to provide their application information (Région Réunion)


EC, 4 March 2011, Reunion Region, nº 344197 In a judgment of the 7th and 2nd subsections together dated 4 March 2011 (EC, 4 March 2011, Réunion Region, no. 344197), the Conseil d’État clearly reaffirmed the distinction between the phases of selection of applications and award of a public contract (...)

Dorian Guinard Public Procurement: The Court of Justice rules that the adjudicatory power has no obligation to publish the weight of the selection criteria in a bidding process for a service public contract pursuant to Annex II-B of the 2004/18/CE Directive (Ireland)


CJEU, 18 November 2010, Commission v Ireland, Case C-226/09 In recent years, the procedures for selecting candidates for public procurement contracts have been gradually refined by both domestic and European courts. This dialogue between judges finds its most recent expression in the judgment (...)

Bertrand du Marais, Dorian Guinard Art. 53 of the Public procurement code: The Council of State gives important precisions in order to implement Art. 53 of the Public procurement code, which compels to inform the candidates about the hierarchy and the weight of the selection criteria (Saint-Pal-de-Mons)


CE, 18 June 2010, Commune de Saint-Pal-de-Mons, n° 337377 The Council of State specifies the application of the provisions of Article 53 of the Public Procurement Code, which require the contracting authority to inform candidates of the criteria for selecting bids and their weighting or (...)

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