CASE COMMENT: PUBLIC PROCUREMENT - PUBLIC CONTRACT AND CONCESSIONS - RESPECTIVE SCOPE - CRITERIA: RISK

Public procurement - Concessions: The Council of State case law evolves towards using the amount of risk born by the operator in order to discriminate public contract from concessions (Avenance-Enseignement et Santé)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, 5 June 2009, Société Avenance-Enseignement et Santé, n° 298641 The borderline between the different legal categories of administrative contracts is a central issue at the heart of the litigation debate. The judgment handed down on 5 June 2009 gives the Council of State a new illustration of this. In the present case, the Commune of Draveil decided to conclude an agreement for the purpose of entrusting the Société Générale de Restauration (to whose rights the company Avenance-Enseignement et Santé belongs) with the municipal school catering service for a period of 5 years. The co-contractors decided to conclude an amendment extending the term of the said

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Jean-Mathieu Glatt, Public procurement - Concessions: The Council of State case law evolves towards using the amount of risk born by the operator in order to discriminate public contract from concessions (Avenance-Enseignement et Santé), 5 June 2009, Concurrences N° 3-2009, Art. N° 27885, pp. 149-152

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