Fabien Tesson

The health crisis has been and will be an opportunity to observe the response of the public authorities, whether to act directly or to direct and guide actions, particularly economic ones. The European Union’s action in times of crisis has this dual dimension (see not. European Commission, 13 (...)

Governments are continuously raising the thresholds for exemption from the procedure for public procurement. This is the case with the decree of 12 December 2019 amending certain provisions of the public procurement code relating to thresholds and advances (No. 2019-1344, JORF No. 0289, 13 (...)

According to Article 12 of Directive 2014/24 of 26 February 2014 on the award of public contracts (OJ L 94, 28 March 2014, p. 65) on in-house situations, a ’public contract awarded by a contracting authority to a legal person governed by private or public law does not fall within the scope of (...)

The commented decision is a perfect illustration of the evolution of contractual litigation and provides interesting elements concerning the defects that may affect the competitive tendering of public contracts and lead to their being called into question. The case is also remarkable for the (...)

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 (...)

The decision presented sheds new light on the possibilities for exemptions from the rules on advertising and competitive tendering in the area of service concessions, justified by urgency. In view of the textual dynamic of reducing the hypotheses in which administrative authorities may exempt (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

The issue of support for French companies abroad is one of the elements at the heart of the current movement to simplify the life of companies and, more generally, of measures to promote their competitiveness. Thus, the 26 proposals in the Bentejac-Desponts report bear witness to this (A. (...)

The commented decision should finally convince the most sceptical that the heart of public (economic) intervention at the beginning of the 21st century is at the crossroads of energy law, environmental law and possibly, as in this case, competition law. Indeed, on May 28th, the Council of (...)

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 (...)

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, (...)

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. (...)

While the judgment commented on may be welcomed by environmental protection associations, others will recognize it, in terms of law, as a fine synthesis. Indeed, it makes it possible to combine a large number of the elements identifying the European concept of economic activity identified by (...)

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, (...)

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 (...)

The issue of competition of private activities by public activities is understandably a major and recurring theme of modern administrative law. Du commerce en détail (CE Sect., May 30, 1930, Chambre syndicale du commerce en détail de Nevers, Leb. p. 583; RDP 1930, p. 530, Josse Conclusion; S. (...)

If Greece is the cradle of democracy, it is also - and this is no less remarkable - the cradle of "Bingo Lotto", a game of chance operated by the Organismos prognostikon agonon podosfairou (OPAP), whose monopoly on the organisation of online betting has been challenged by some British (...)

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 (...)

CE, notice of 11 April 2012, Gouelle company, n° 355446 Despite some procrastination (see, for example, CE, February 3, 2012, Commune de Veyrier-du-Lac, req. no. 353737, to be published in Lebon; AJDA, 2012, p. 555, comment L. Richer ; Concurrences no. 2-2012, p. 168, comment by F. Tesson (...)

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 (...)

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 (...)

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 (...)