Under conditions laid down by regulation, the concession-granting authority shall make available, in an open and freely re-usable format, the essential data of the concession contract, subject to the provisions of article L. 3122-3 and with the exception of information the disclosure of which would be contrary to public policy.
When the management of a public service is conceded, the concessionaire shall provide the conceding authority, in electronic format, in a freely reusable open standard that can be used by an automated processing system, with the data and databases collected or produced during the operation of the public service that is the subject of the contract and that are essential to its performance. For concession contracts for which a consultation…
When the concession contract is signed or during its performance, the concessionaire may be exempted from all or some of the obligations set out in article L. 3131-2 by a reasoned decision of the concession-granting authority, based on reasons of general interest and made public.
The granting authority or a third party designated by it may freely extract and exploit all or part of these data and databases, in particular with a view to making them available free of charge for re-use free of charge or against payment. The data and databases provided by the concessionaire are made available or published in compliance with articles L. 311-5 to L. 311-7 of the code des relations…
Each year, the concessionaire produces a report including, in particular, accounts showing all operations relating to the performance of the concession contract and an analysis of the quality of the works or services. When the management of a public service is concessioned, including in the case provided for in article L. 1121-4, this report also enables the concession-granting authorities to assess the conditions under which the public service is provided.
Where the concession contract involves occupation of the public domain, it constitutes an authorisation to occupy this domain for its duration.
The concession contract may grant the concessionaire rights in rem over the works and equipment it builds.These rights confer on the concessionaire the prerogatives and obligations of an owner, under the conditions and within the limits defined by the clauses of the contract designed to guarantee the integrity and use of the public domain.
The concessionaire may be authorised, with the express agreement of the concession granting authority, to enter into leases or rights in rem for a term exceeding that of the concession contract.The authorisations granted by the concession granting authority, as well as the leases and rights in rem resulting therefrom, constitute accessories to the concession contract and are transferred to the concession granting authority at the end of the term of…
When a public law granting authority has entered into a works concession contract or has awarded a concession for the management of a public service:1° The assets, whether movable or immovable, that result from investments made by the concessionaire and are necessary for the operation of the public service are returnable assets. Where the contract is silent, they are and remain the property of the public entity as soon as…
At the end of the works concession contract or the contract granting a public service concession, the assets referred to in article L. 3132-4 that have been depreciated during the performance of the concession contract are returned to the assets of the public entity free of charge, subject to the stipulations of the contract allowing the public entity to have the concessionaire take back any assets that are no longer…
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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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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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