The Bordeaux Court of Appeal rejects the plea of the appellant based on the violation of State aid finding that the contract of public service could include clauses allowing the compensation for the provision of the public service to be actualised or revised (Syndicat mixte de transports en commun de l’agglomération de Bayonne)

Factual Background The syndicate seeks the annulment of the judgment of the administrative court of Pau (first instance) in which the applicant had obtained the annulment of a decision of the city of Bayonne granting a concession to an undertaking for the operation of public transport. The syndicate also asks the court of appeal ordering the suspension of the execution of the judgment of the court of first instance. Summary of the Court's findings The defendant claimed that the unlawfulness of a clause (dealing with additional revenues perceived and with the