CASE COMMENTS: PUBLIC SECTOR – PUBLIC CONTRACTS – CONCESSION SCHEMES – BIDDING PROCESS – TACIT RENEWAL – IMPOSSIBILITY AND EFFECTS ON THE CONTRACT ENFORCEMENT LITIGATION

Concession schemes: The Council of State neutralizes the concession schemes provision for tacit renewal but this illegality does not imply that the contracts provision should be set aside in the contract enforcement subsequent litigation (Département de la Guyane)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. EC, 23 May 2011, Department of Guyana, No. 314715 The "Département de la Guyane" decision allows the administrative judge to settle definitively the fate of the tacit renewal clauses contained in the public service delegations prior to the Sapin law (Law No. 93-122 of 29 January 1993 on the prevention of corruption and transparency in economic life). Applying recent and important case law (CE, Ass., 8 April 2009, Compagnie Générale des Eaux and Commune d'Olivet, chron. Camus CE, sect., 10 November 2010, Commune de Palavas-les-Flots, Contrats-marchés publ. 2011 comm. 20, note Devillers), the Conseil d'État clarified the impact of the implementation of such a

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  • University Paris Nanterre

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Arnaud Sée, Concession schemes: The Council of State neutralizes the concession schemes provision for tacit renewal but this illegality does not imply that the contracts provision should be set aside in the contract enforcement subsequent litigation (Département de la Guyane), 23 May 2011, Concurrences N° 4-2011, Art. N° 40086, pp. 203-204

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