*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CE, February 10, 2010, Prest'action Company, n° 301116 Public contracts are the subject of growing disputes over the delimitation of the respective competences of the public principal and the private operator, especially as the financial arrangements to which they give rise are becoming increasingly complex. Particularly in the case of public service delegation or in contracts such as management contracts, operators - and especially their financiers - often wish to be able to temporarily hold the revenue generated by the public service as a guarantee or cash advance. The judgment commented on here, Société Prest'action v. City of Dieppe, handed down on 10
CASE COMMENTS: PUBLIC SECTOR - PUBLIC CONTRACTS - FINANCIAL EXECUTION - PUBLIC FUNDS CASHED BY THE PRIVATE OPERATOR : IMPOSSIBILITY - CONTRACTUAL LIABILITY - IMPREVISION : OPENED EVEN IF THE CONTRACT HAS BEEN TERMINATED
Exclusive competence of the public accountant: The Council of State confirms the strict monopoly of Treasury accountants to manage public funds thus preventing an external contractor to perceive public income except in the cases where: i) he belongs to the Treasury and has got a specific delegation; ii) he has been granted the specific status of “regisseur de recettes”; or, iii) a specific legislative exception exists (Prest’action)
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