University of Angers CRDP (Nanterre)

Fabien Tesson

University of Angers, CRDP (Nanterre)
Senior Lecturer

Fabien Tesson is a Senior Lecturer at the University of Angers. He has a PhD in public law. His research areas concern administrative law, especially economic public law be it internal or European, and law concerning regional authorities. He teaches administrative law as well as European law.

Linked authors

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


8624 Review

Fabien Tesson Public Procurement: The Court of Justice of the European Union revisits the conditions for identifying a public-public cooperation and in house (Sambre & Biesme ; Commune de Farciennes)


Almost 10 years after their "codification" (V. F. TESSON, "The European Parliament and the Council adopt the directives on public procurement and concession contracts that codify the issue of "in house" contracts and public-public partnerships", Concurrences n° 2-2014, p. 199), by the (...)

Fabien Tesson Occupation of public domain: The French Administrative Supreme Court comes back on the competitive tendering and publicity rules for occupation of the public domain (Paris Tennis)


The Paris Tennis decision is of obvious interest for public business law. It effectively mixes a general question related to the competence of the administrative judge to hear certain contracts and a more specific question concerning the obligations of competition for the occupation of the (...)

Fabien Tesson Public interest purpose: The French Supreme Administrative Court admits that insufficient competition can justify the Administration’s refusal refusal to conclude a public contract (Le Pagus)


The Le Pagus judgment has the advantage of presenting a competitive approach to the powers of public authorities in the awarding of public contracts. In the present case, the municipal council of the municipality of Fréjus wished to renew a public service delegation in the form of a concession (...)

Fabien Tesson Public domain: The French Government specifies the procedure for the granting of certain authorisations to occupy the public domain (Application of the provisions of the Ordinance n°2017-562)


The ordinance of 19 April 2017 (No. 2017-562, 19 April 2017, relating to the ownership of public entities, JORF No. 93, 20 April 2017), which was published in the Official Gazette of the French Republic on 19 April 2017, is the first of its kind.) is beginning to be clarified by the public (...)

Fabien Tesson “Molière clauses”: The French Government underlines the potential illegality of clauses imposing the use of French language in the conditions governing the performance of public contracts (“Molière clauses”)


Can the imperative of competitive bidding in the awarding of public contracts support requirements, particularly in terms of language proficiency, that may limit access to the French market for companies and especially European workers? Asked in this way, the question is almost neutral; it (...)

Fabien Tesson Danthony case law : The French Supreme Administrative Court applies the Danthony case law within the framework of an action against the statutory clauses of the contract (Syndicat des compagnies aériennes autonomes)


The decision of the Syndicat des compagnies aériennes autonomes (CE, 30 June 2016, no. 393805) has the dual interest of revisiting the conditions for the admissibility of the appeal in contractual matters and of implementing the Danthony case law (CE, ass., 23 Dec. 2011, nos. 335033 and (...)

Fabien Tesson Public legal services contracts: The French Supreme Administrative Court admits that a national text about public procurement can plan requirements superior to those of the public procurement directive (CNB, Conférence des bâtonniers et Ordre des avocats à la cour d’appel de Paris)


In general, and apart from cases of ignorance of one of the great freedoms of the internal market, the rules of competition or the structuring principles of the European Union legal order, Member States have the possibility of going further than the provisions of a directive. The Conseil (...)

Fabien Tesson Public procurement: The French Parliament uses public procurement as a lever of the energy efficiency in adopting the Law relative to energy transition for green growth (Energy transition for green growth Act)


The action of public authorities is generally following a slope aimed at encouraging rational energy consumption. The energy transition - which combines energy efficiency by seeking to reduce energy consumption, and renewable energies, implies the use of various legal and financial levers. As (...)

Fabien Tesson Betting : The Court of Justice of the European Union confirms the Italian legislation relative to gambling and betting licences , in particular the award of licences with a period of validity shorter than that of licences awarded previously which does not give the existing operators “even greater” competitive advantages over the new licence holders (Stanley International Betting)


The European Union’s understanding of gambling regulations is very revealing of the possibility of limiting the application of competition rules and internal market freedoms or, more broadly, of the possibility for them to adapt to particular national objectives. The Stanley International (...)

Fabien Tesson Freedom to exercise economic activities : The French Supreme Administrative Court considers that the priority given to the missions of cartography of the IGN (French national geographical institute) respects the competition rules and the freedom to exercise economic activities (IMAO, InterAtlas)


Like other missions of general interest, those of the National Institute of Geographic and Forestry Information (IGN) are likely to be confronted with the rules of competition and the freedom of trade and industry, as shown again by the decision of the Council of State of 21 November 2014 IMAO (...)

Fabien Tesson Freedom to undertake : The French Constitutional Council specifies the conditions of the direct and indirect conciliation between freedom to undertake and labor law (Sephora)


From DIY to luxury goods, from times of crisis to (perhaps) the politics of "supply", it is understandable that the question of Sunday work - or rest - is at the forefront of the media scene, accompanied by the problem of night work. These questions have also found a place in the pretoria, as (...)

Fabien Tesson Public procurement: The European Parliament and the Council adopt three directives on public procurement and on the award of concession contracts codifying the public-public procurement exemption and the “in house” procurement exemption


Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts, OJEU, No L 94, 28 March 2014, p. 1. Directive 2014/24/EU of the European Parliament and of the Council on the award of public contracts and repealing Directive 2004/18/EC, OJEU, No L 94, (...)

Fabien Tesson Public procurement : The French Administrative Supreme Court and the French legislator frame the use of local companies with public participation (Commune de Marsannay-La-Côte)


Senate, December 11, 2013, Bill to create single-transaction semi-public companies, Prop. L. No. 47 A series of remarks will introduce the few developments that we propose to address in this column. First element of context that the reader of this review will not have failed to perceive. (...)

Fabien Tesson Public order: The Court of Justice confirms the conditions of the exception to procurement law for cooperation contracts between public authorities (Piepenbrock Dienstleistungen)


CJEU (ord.), 20 June 2013, Consiglio Nazionale degli Ingegneri, case C-352/12 The exception to the application of public procurement law as amended by the Court of Justice of the European Union in favour of cooperation between public authorities in 2009 (CJEC, grande ch., 9 June 2009, (...)

Fabien Tesson Organization of the public service of justice: The Council of State upholds the organization of the public service for e-filing in French civil and commercial courts outside Paris (“e-barreau”) (Nio-Adesium ; Ordre des avocats au barreau de Marseille)


CE, 15 May 2013, Marseille Bar Association, n° 342500 The transition to all-digital, dematerialization are of course an unavoidable reality today for citizens, public authorities - especially public purchasers, but also for all those involved in law and justice. Thus, the lawyer is no longer (...)

Fabien Tesson Legislation drafting - Impact assessment of the legislation on competition: The French Competition Authority releases a guide to help rule makers to assess the impact on competition of their draft legislation


Aut. Conc, Guide to the Competitive Impact Assessment of Draft Normative Texts, available in digital version at Maturity. The term seems appropriate for the presentation of the "Guide to assessing the competitive impact of draft regulatory texts" drawn up, put online and on paper by the (...)

Fabien Tesson Public contracts: The Council of State rules out any bidding procedure for partnerships contracts between local governments as long as one of the public agencies involved does not operate on a competitive market (Commune de Veyrier-du-Lac)


CE, 3 February 2012, Commune de Veyrier-du-Lac, n° 353737 The means available to public authorities to completely escape the scope of public procurement law is an area that is becoming denser and more complex, particularly with regard to the pooling of services between local authorities. The (...)

Fabien Tesson Compulsory bidding process: The Government reforms the French Procurement code by Executive order n°2011-1000 of 25 august 2011, allowing to design bidding process with environmental goals and creating the new energy performance contracts


Decree No. 2011-1000 of 25 August 2011 amending certain provisions applicable to contracts and contracts relating to public procurement, JORF No. 197 of 26 August 2011, p. 14453 It is more than traditional to refer to novelty, modification or evolution when discussing the Public Procurement (...)

Fabien Tesson Public procurement: The Council of State upholds the advertisement means set forth by the PM Decree of 25th August 2011 and the ministerial order of 27th august 2012 (Groupe Moniteur)


This is a form of mise en abyme that occurs when the administrative judge verifies whether the rules intended to preserve competition do not infringe competition law - in the broadest sense. And this is indeed the issue at stake in the decision of the Conseil d’État Société Groupe Moniteur of (...)



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