CASE COMMENTS: PUBLIC PROCUREMENT – FRANCE – PUBLIC CONTRACT – SERVICE CONCESSION

Service concession: The French Administrative Supreme Court rules on the legality of a selection criterion for bids relating to a possible need of the granting authority (Commune de Saint-Julien-en-Genevois / JCDecaux)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The obligation imposed on the granting authority to define its needs prior to the award of the contract shall not preclude it from anticipating, to the extent possible, those that may arise during the performance of the contract. This is the essence of the order issued by the Conseil d'État on 26 February 2020 in a case between the municipality of Saint-Julien-en-Genevois and JCDecaux. By a public tender notice of 11 February 2019, the municipality had launched a service concession procedure for the provision, installation, maintenance, servicing and commercial operation of passenger shelters and street furniture. After two candidates applied, the

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Jean-Victor Maublanc, Service concession: The French Administrative Supreme Court rules on the legality of a selection criterion for bids relating to a possible need of the granting authority (Commune de Saint-Julien-en-Genevois / JCDecaux), 26 February 2020, Concurrences N° 3-2020, Art. N° 96177, pp. 186-187

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