CASE COMMENTS: PUBLIC PROCUREMENT – CASELAW – CONCESSION CONTRACT – BINDING AGREEMENT TO SELL GOODS – PUBLIC DOMAIN

Public domain : The French Supreme Administrative Court specifies the conditions in which a binding agreement to sell goods belonging in the public domain can be validly executed and indicates that a significant reduction in the scope of a concession contract constitutes a substantial change and is therefore illegal (SEMEPA)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On 29 December 1986, the municipality of Aix-en-Provence (the 'Commune') concluded an agreement with the Société d'Economie Mixte d'Equipement du Pays d'Aix (SEMEPA) concerning the concession for the management of the public service of off-street paid parking and the operation of seven on-street public car parks. On 24 October 2003, the two parties also concluded another concession for the operation of an eighth car park. On 9 June 2016, the Commune and SEMEPA entered into an agreement described by the parties as a "partial termination" of the two aforementioned agreements, it being specified that it also included a promise to sell property subject

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Grégory Marson, Public domain : The French Supreme Administrative Court specifies the conditions in which a binding agreement to sell goods belonging in the public domain can be validly executed and indicates that a significant reduction in the scope of a concession contract constitutes a substantial change and is therefore illegal (SEMEPA), 15 November 2017, Concurrences N° 1-2018, Art. N° 86266, pp. 198-200

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