CASE COMMENTS: PUBLIC SECTOR – PUBLIC CONTRACTS – COMPULSORY COMPETITIVE BIDDING – SCOPE – PUBLIC DOMAIN CONTRACTS – ADMINISTRATIVE EMPHYTEOT LEASE

Compulsory competitive bidding – Scope: The Legislator, through article 96 of the 2011-267 French Act of 14th of March 2011 (LOPPSI II), imposes a competitive bidding to all administrative building lease

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Article 96 of the law n° 2011-267 of 14 March 2011 on orientation and programming for the performance of internal security (LOPPSI II), JORF n° 62 of 15 March 2011, p. 4582 "No legislative or regulatory provision or principle requires a public person to organize a publicity procedure prior to the issue of a licence or the conclusion of a contract for the occupation of a public property, the sole purpose of which in either case is the occupation of such property; this applies even when the occupant of the public property is an operator on a competitive market". This recital, which stems from the judgment handed down by the Section of the Conseil d'État in

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Aurélien Camus, Compulsory competitive bidding – Scope: The Legislator, through article 96 of the 2011-267 French Act of 14th of March 2011 (LOPPSI II), imposes a competitive bidding to all administrative building lease, 14 March 2011, Concurrences N° 4-2011, Art. N° 40082, pp. 200-201

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