CASE COMMENT: PUBLIC SECTOR - COMPETITION LAW AND EMINENT DOMAIN - COMBINATION - CRITERIA OF THE DOMAIN USE

Public/eminent domain : The Administrative Court of Appeal of Bordeaux rules that whenever there are economic activities on the eminent domain, the public body should take into consideration economic freedom and competition law when managing its domain (CRAM)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Administrative CA Bordeaux, 30.12.08, SARL CRAM, 06BX01765 SARL CRAM, a restaurant operator, has requested authorisation to install a terrace on the Place Saint-Michel in Cordes-sur-Ciel. Preferring to set up a tourist office counter, the mayor rejected its request. The petitioner unsuccessfully appealed to the Administrative Court of Toulouse and then lodged an appeal. The Court of Appeal first recalls that authorizations to occupy the public domain are personal in nature and that they are not transferable, except in the absence of express legislation (which is the case, for example, for taxi authorizations). The SARL could not therefore have

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Aurélien Camus, Public/eminent domain : The Administrative Court of Appeal of Bordeaux rules that whenever there are economic activities on the eminent domain, the public body should take into consideration economic freedom and competition law when managing its domain (CRAM), 30 December 2008, Concurrences N° 1-2009, Art. N° 23717, pp. 220-222

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