As stipulated in the first paragraph of article 2060 of the Civil Code, granting authorities that are legal entities governed by public law may not resort to arbitration, except in the cases provided for by law, in particular those mentioned in article L. 311-6 of the Code of Administrative Justice.
Recourse to arbitration for the settlement of disputes between private parties in the performance of concession contracts is possible under the conditions defined by the Book IV of the code of civil procedure.
Without prejudice to special legislative provisions, the categories of concession contracts mentioned in titre Ier du présent livre sont soumis aux règles particulières définies au titre II.
Concession contracts concluded by a contracting authority, including where it is acting as a contracting entity, with a legal person governed by public or private law are subject to the rules set out in Title II where the following conditions are met: 1° The contracting authority exercises over the legal entity concerned a control similar to that which it exercises over its own departments; 2° The controlled legal entity carries…
Concession contracts concluded by a controlled legal entity which is a contracting authority, including when it acts as a contracting entity, with: 1° Either the contracting authority which controls it, including when this control is exercised jointly with other contracting authorities, under the conditions laid down in article L. 3211-3; 2° Or another legal entity controlled by the same contracting authority, provided that the legal entity to which the concession…
Concession contracts concluded by a contracting authority, including one acting as a contracting entity, which does not exercise control over a legal person under the conditions laid down in Article L. 3211-1, when the following conditions are met: 1° The contracting authority exercises over the legal person concerned, jointly with other contracting authorities, including when they are acting as a contracting entity, a control similar to that which they exercise…
Contracting authorities shall be deemed to exercise joint control over a legal person where the following conditions are met :1° The decision-making bodies of the controlled legal person are composed of representatives of all the participating contracting authorities, and the same person may represent several or all of the participating contracting authorities;2° These contracting authorities are in a position jointly to exercise decisive influence over the strategic objectives and important…
The percentage of activity referred to in this section shall be determined by taking into account the average total turnover or any other appropriate activity-based parameter, such as costs incurred, over the three accounting periods preceding the award of the concession contract.Where these elements are not available or are no longer relevant, the percentage of activity shall be determined on the basis of a realistic estimate.
The rules set out in Title II apply to concession contracts by which contracting authorities, including when acting as a contracting entity, establish or implement cooperation in order to ensure that the public services for which they are responsible are provided with a view to achieving the objectives they have in common, where the following conditions are met: 1° The implementation of this cooperation is based solely on considerations of…
The rules defined in Title II apply to concession contracts which, on the one hand, are concluded by a contracting entity with an affiliated undertaking or by a body made up exclusively of several contracting entities with a view to carrying out one or more network operator activities with an undertaking affiliated to one of these contracting entities and, on the other hand, have the following characteristics: 1° In the…
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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