Where a conceding authority decides to enter into a contract intended to satisfy objectively separable needs which, on the one hand, are subject to the ordinary law governing concession contracts as set out in Book I of this Part and which, on the other hand, are subject to the special legal regime applicable to other concession contracts as set out in Book II of this Part or to the special…
When a conceding authority concludes a contract intended to satisfy objectively indissociable needs which, on the one hand, come under the ordinary law of concession contracts provided for in Book I of this Part and, on the other hand, come under the special legal regime applicable to other concession contracts provided for in Book II of this Part or the special legal regime applicable to other public contracts provided for…
Where a concession contract covers several activities, at least one of which constitutes a network operator activity, and whose main purpose can be determined, the following rules apply: 1° Where the contract covers both a network operator activity other than that mentioned in c of 1° or in 4° of article L. 1212-3 and another activity that is not a network operator activity, it is subject to the provisions applicable…
Where a concession contract covers both a network operator activity and another activity which is not a network operator activity and for which it is objectively impossible to establish which activity it is principally intended, it is subject to the provisions of Book I of this Part applicable to contracting authorities.
Subject to the provisions of article L. 3200-1, the concession contracts defined in article L. 1121-1 are governed by the provisions of this part.
The nature and extent of the needs to be met are determined before the consultation is launched, taking into account sustainable development objectives in their economic, social and environmental dimensions.
The works or services covered by the concession contract are defined by reference to technical and functional specifications.
Groupings may be formed between granting authorities or between one or more granting authorities and one or more legal persons governed by private law who are not granting authorities in order to jointly award one or more concession contracts.
The agreement setting up the consortium, signed by its members, defines the operating rules of the consortium. It may entrust one or more of its members with the task of carrying out all or part of the procedure for awarding or performing the concession contract in the name and on behalf of the other members.The concession-granting authorities that are members of the consortium are jointly and severally liable only for…
A grouping of concession-granting authorities may be formed with concession-granting authorities from other Member States of the European Union, provided that this choice has not been made for the purpose of evading the application of national provisions affecting public policy. Notwithstanding the provisions of article L. 3112-2, and subject to the stipulations of international agreements or administrative arrangements between the Member States to which they belong, the members of the…
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is a Registered Trademark of
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75001, Paris France
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