CASE COMMENT: PUBLIC SECTOR - PUBLIC PROCUREMENT:SERVICE CONCESSIONS - GENERAL PRINCIPLES: TRANSPARENCY - CONTENT

Public markets - Transparency: The French Council of State rules that the European principle of transparency does not impose to the contracting authorities to have the publicity of the bidding procedure systematically published at the European level even if the contract is of interest to bidders from other member States (Communauté urbaine de Bordeaux - Kéolis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, 1 April 2009, Communauté urbaine de Bordeaux and Société Kéolis, n° 323593 and n° 323585 Does the notice of a public call for tenders for a public service delegation likely to be of interest to economic operators established outside France necessarily have to be inserted in a medium with a European circulation? The Conseil d'État provides an answer in principle to such a question relating to the scope of the obligation of transparency laid down by the Court of Justice in its Telaustria judgment of 7 December 2000 (Case C-324/98 [2000] ECR I-10745, N. Fennelly, concl. N. Fennelly; AJDA 2001 p. 106, note L. Richer; Dr. adm. 2001, comm. 85). In the present

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Christophe Le Berre, Public markets - Transparency: The French Council of State rules that the European principle of transparency does not impose to the contracting authorities to have the publicity of the bidding procedure systematically published at the European level even if the contract is of interest to bidders from other member States (Communauté urbaine de Bordeaux - Kéolis), 1 April 2009, Concurrences N° 2-2009, Art. N° 26092, pp. 207-209

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