CASE COMMENTS: PUBLIC SECTOR - PUBLIC PRIVATE PARTNERSHIP – COMPLEXITY CRITERION – CONTRACT VALIDITY
PPP contract : The French Supreme Administrative Court cancels the use of a public private partnership contract due to the absence of the complexity criterion (Commune de Biarritz)
*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.
Recourse to the partnership contract is subject to compliance with certain conditions, under penalty of cancellation. It is this reality, which sometimes seems to be overlooked in practice, that the Conseil d'État recalls in this decision. In a decision of 26 January 2007, the municipality of Biarritz decided to use a partnership contract to carry out a project called 'Biarritz Océan', comprising the financing and construction of a new 'Cité de l'Océan et du Surf', the financing and implementation of work to extend and modernise its 'Musée de la mer' and the maintenance of the two installations.
The Council of State overturns the judgment of appeal on a
Access to this article is restricted to subscribers
Already Subscribed? Sign-in