CASE COMMENTS: PUBLIC ACTIONS - RESTRICTIVE COMPETITION PRACTICES - ADMINISTRATIVE LIABILITY

Jurisdiction: The Tribunal des conflits considers that an action for compensation for the damage suffered as a result of the brutal termination of a commercial relationship falls under the jurisdiction of the administrative judge when the parties were bound by an administrative contract (SNCF Réseau / Entropia Conseil)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On referral from the Court of Cassation and in application of the conflict prevention mechanism in case of a question of jurisdiction raising a serious difficulty provided for in Article 35 of Decree No. 2015-233 of 27 February 2015, the Court of Conflicts has been called upon to determine the jurisdictional order competent to hear a claim seeking compensation for damage suffered as a result of the brutal termination of a commercial relationship, where the claimant and the perpetrator of the termination were bound by an administrative contract (Cass. civ, 9 September 2020, SNCF c/ Entropia-conseil, n° 19-21955; Concurrences n° 4-2020, art. n° 97441, p. 158,

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  • Strasbourg Institute of Political Sciences

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Jean-Philippe Kovar, Jurisdiction: The Tribunal des conflits considers that an action for compensation for the damage suffered as a result of the brutal termination of a commercial relationship falls under the jurisdiction of the administrative judge when the parties were bound by an administrative contract (SNCF Réseau / Entropia Conseil), 8 February 2021, Concurrences N° 2-2021, Art. N° 100578, pp. 197-198

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