Jean-Mathieu Glatt

Director of Legal and Regulatory Affairs

Jean-Mathieu Glatt is Director of Legal and Regulatory Affairs for the city of Argenteuil. He was in-house counsel at Exterion Media (formerly CBS Outdoor). He holds a Master degree in Public Business Law from Paris X Nanterre University. He was Senior Lecturer at the Paris X Nanterre University. M. Glat is the co-author, inter alia, of "Pratique des marchés publics dans les établissements de l’Education nationale" (2nd edition, 2007, Berger-Levrault). He has written various articles on EC/competition law (see for ex. Les difficultés de la récupération des aides indûment allouées, note on CE, 29 mars 2006, LPA 2006, N° 132, p. 20-22).


44888 Review

Jean-Mathieu Glatt Public contracts: The Council of State rules that the complaint lodged by a losing bidder, first according to the review procedure before the contract conclusion, may be transformed into a complaint according to the review procedure after the contract conclusion (France Agrimer)


EC, 10 November 2010, Établissement public national des produits de l’agriculture et de la mer (France Agrimer), No 340944 By a notice of public tender published on January 27, 2010, France Agrimer, a public establishment, initiated a procedure for the award of a public contract for the supply (...)

Jean-Mathieu Glatt Public tendering: The Council of State strikes down an executive order, raising from 4.000 € to 20.000 € the threshold applicable to the minimum standards of publication and transparency obligations (Perez)


EC, 10 February 2010, Perez, n° 329100 Each new version of the Public Procurement Code is subject to an action for annulment before the administrative court. In each case, the applicant has obtained partial annulment of the Public Procurement Code (see, to that effect, CE, 5 March 2003, Union (...)

Jean-Mathieu Glatt Public procurement contracts- Bidding process: The French Government defines a new category of public procurement contracts, the civil works concession and determine its bidding process


Order 2009-864 of 15 July 2009 on public works concession contracts, JORF n° 162 of 16 July 2009, p. 11853. Any public contract must be systematically put out to tender in order to guarantee a minimum of advertising and to promote economic competition, such is the scope of the solution adopted (...)

Jean-Mathieu Glatt Bidding process : The Council of State rules that the most rigorous bidding procedure should apply when options within the bidding process may lead to several kinds of contracts e.g. concession scheme or real estate lease (Port autonome de Marseille)


CE, 10 June 2009, Port autonome de Marseille, n° 3 17671 Determining the legal nature of a public contract poses a number of difficulties in so far as the boundary between the different legal categories may appear arbitrary and uncertain. In addition to exercising control over the obligations (...)

Jean-Mathieu Glatt Public procurement - Concessions: The Council of State case law evolves towards using the amount of risk born by the operator in order to discriminate public contract from concessions (Avenance-Enseignement et Santé)


CE, 5 June 2009, Société Avenance-Enseignement et Santé, n° 298641 The borderline between the different legal categories of administrative contracts is a central issue at the heart of the litigation debate. The judgment handed down on 5 June 2009 gives the Council of State a new illustration of (...)

Jean-Mathieu Glatt Smirgeomes case law: The French Council of State applies the Smirgeomes case law in which it had reduced the notion of effect on the bidding process for only formal infringements (Commune de Toulon)


CE, 4 February 2009, Commune de Toulon, n° 311344 The administrative judge continues to develop contractual litigation. In a decision of 4 February 2009, the Conseil d’État clarified the scope of the control carried out by the pre-contractual summary proceedings judge, which it had had the (...)

Jean-Mathieu Glatt Public procurement - Review procedure: The Council of State gives precision on the enforcement of Tropic Travaux Signalisation case law which created a new recourse against the contract validity (Berri Développement)


CCE, 22.12.08, Société Berri Développement, 313677 The Council of State, on 22 December 2008, has just handed down a decision of importance for the use of the appeal challenging the validity of the contract before the court of full jurisdiction. Difficulties inherent in an action challenging (...)

Jean-Mathieu Glatt Public procurement: The Council of State drastically reduces the scope of the review procedure available before the contract conclusion insofar as it discards pure formal infringements of the public notice unless they have a real effect on the bidding process (SMIRGEOMES)


CE, Sect. 3 October 2008, SMIRGEOMES, No. 305420 Contractual litigation is constantly evolving. With the creation of a new recourse for contesting validity and the reform of the Remedies Directive, contractual litigation is enriched by numerous regulatory and jurisprudential developments. The (...)

Bertrand du Marais, Jean-Mathieu Glatt Public/Private Partnership: The French Constitutional Council partially upholds a bill reforming the PPP 2004 ordinance and gives precision as to the constitutional requirement for public procurement (Public procurement)


Cons. constitutionnel, dec. n°2008-567 DC of July 24, 2008, Law on partnership contracts Contract administration is omnipresent in our economic environment. The securing of contractual relationships is undoubtedly a component of economic efficiency. However, this can only be seen in relation to (...)

Bertrand du Marais, Jean-Mathieu Glatt Public procurement: The French Prime Minister receives a report proposing measures to ease the use of various public/private partnerships schemes and their economic assessment (Complex public procurement)


Bill amending Ordinance No. 2004-559 of 17 June 2004 on public-private partnerships adopted by the Senate on 4 April 2008 and the National Assembly on 26 June 2008 Report to the Prime Minister by Mr E. Besson on 27 May 2008: "Better purchasing for better public service: from complex public (...)

Bertrand du Marais, Jean-Mathieu Glatt "In house" derogation: The European Commission issues a notice on the scope of the “in house” derogation and the bidding process as regard institutional PPP ("Institutional public private partnership”)


EC Commission, 5 February 2008, Interpretative Communication on the application of Community law on public procurement and concessions to institutionalised public-private partnerships (IPPPs), OJEU No C 91 of 12 April 2008, p. 4. On 5 February 2008, the European Commission published an (...)

Bertrand du Marais, Jean-Mathieu Glatt Concession schemes: The Council of State clearly rules out a general principle of the concessionaires’s exclusivity (SPS Tarbes)


CE, 10 October 2007, Société SPS Tarbes, n° 255213 The Conseil d’État clearly states that there is no general principle of concession law consisting in the exclusivity of the concessionaire. The administrative judge apprehends infringements of competition law in contractual matters mainly at the (...)

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