CASE COMMENTS: PUBLIC SECTOR - PUBLIC PROCUREMENT - APPLICATION OF A NEW ACT TO EXISTING CONTRACTS - CONCESSION SCHEMES: DURATION LIMITS - IMMEDIATE APPLICATION STARTING FROM THE DATE OF THE ACT PUBLICATION

Public procurement - Concessions: The French Council of State rules that the limit imposed to water concession schemes by the 1993 and 1995 Acts should apply to existing contracts; hence, their duration should not be extended beyond the legislative limit calculated from the publication of the Acts (Cie générale des eaux ; Commune d’Olivet)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. EC, Ass. 8 April 2009, Cie Générale des Eaux, Commune d'Olivet, No. 27 1737. The Commune d'Olive t judgment was an opportunity for the Council of State to take up again the delicate question of the application of a new law to contracts in the course of performance. While following in the wake of the famous K PMG judgment (CE, ass., 24 March 2006, Sté KPMG et a, Rec. p. 154; A JDA , 2006, p. 1028, chron. C. Landais and F. Lenica; D. 2006, p. 1190, chron. P. Cassia; JCP A 2006, 1120, note J-M. Belorgey; JCP G, 2006, I, 150, chron B. Plessix; RF DA , 2006, p. 463, concl. Y Aguila, note F. Moderme), in which the High Court considered that "a

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Aurélien Camus, Public procurement - Concessions: The French Council of State rules that the limit imposed to water concession schemes by the 1993 and 1995 Acts should apply to existing contracts; hence, their duration should not be extended beyond the legislative limit calculated from the publication of the Acts (Cie générale des eaux ; Commune d’Olivet), 8 April 2009, Concurrences N° 4-2009, Art. N° 29326, pp. 199-200

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