CASE COMMENTS: PUBLIC PROCUREMENT - CONCESSION CONTRACT - EXCLUSIVE RIGHTS

Concession contract: The French Supreme Administrative Court provides some clarification on the "Transmanche" appeal and clearly indicates that the disregard of the rules of advertising and competition is not likely, "in the absence of particular circumstances", to vitiate a concession contract with a defect of such gravity as to impede its performance (Ile de Sein Energies)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In the case under review, the Conseil d'État was seized of an appeal against the decision of the Syndicat Départemental d'Energie et d'Equipement du Finistère (Finistère Departmental Energy and Equipment Union) to refuse the request sent to it by the company Ile de Sein Energies ["IDSE"] to terminate the concession contract for the management of the island's electricity distribution network concluded with EDF on 2 March 1993 for a period of 30 years ["the Contract"]. It will be recalled in this connection that, pursuant to Article L. 111-52(3) of the Environment Code, EDF has an exclusive right, without time limit, to manage the public electricity distribution

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Grégory Marson, Concession contract: The French Supreme Administrative Court provides some clarification on the "Transmanche" appeal and clearly indicates that the disregard of the rules of advertising and competition is not likely, "in the absence of particular circumstances", to vitiate a concession contract with a defect of such gravity as to impede its performance (Ile de Sein Energies), 12 April 2021, Concurrences N° 3-2021, Art. N° 102052, pp. 202-204

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