Concession contracts may be concluded without prior advertising or competitive tendering in the following cases:
1° The concession contract may only be awarded to a specific economic operator for technical or artistic reasons or for reasons relating to the protection of exclusive rights;
2° Where no applications or tenders have been received or where only inadmissible applications within the meaning of Article L. 3123-20 or unsuitable tenders within the meaning of Article R. 3124-4 have been submitted, provided that the initial terms of the contract are not substantially altered and that a report is sent to the European Commission if it so requests;
3° In the event of an emergency resulting from the impossibility for the public conceding authority, independently of its will, to continue to have the service conceded by its co-contractor or to provide it itself, on condition, on the one hand, that the continuity of the service is justified by a reason of general interest and, on the other hand, that the duration of this new concession contract does not exceed that required to implement an award procedure.