The French Administrative court of Bordeaux rejects the State aid law pleas invoked by an unsuccessful bidder in a public tender won by a regional public body, ruling that Art. 87 EC is not directly effective (Merceron)

Factual Background This case is an appeal lodged against a judgment at first instance in which the claimant saw its request dismissed. It claimed the annulment of a local authority (city) decision confirming a concession contract for the dredging of the port of a commune. The contract was awarded to the department of Charente-Maritime, a regional public authority. The appellant contened that the department benefited from State aid prohibited under Article 87(1) EC. In its view, the department, which has the status of a local public authority, is already competent in respect of the maintenance of certain types of ports and, by its nature, has a specific fiscal and social status. The personnel working for the department belong to the public service and, due to its decentralisation, it

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Authors

  • Sheppard Mullin (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Jacques Derenne, Cédric Kaczmarek, The French Administrative court of Bordeaux rejects the State aid law pleas invoked by an unsuccessful bidder in a public tender won by a regional public body, ruling that Art. 87 EC is not directly effective (Merceron), 15 July 2008, e-Competitions Bulletin July 2008, Art. N° 28050

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