The contracting entities referred to in 2° and 3° of Article L. 1212-1 pay the sums due in principal under a concession contract within the period provided for in I of Article L. 441-10 and in 5° of II of Article L. 441-11 of the French Commercial Code.
Late payment occurs when the sums due to the creditor, who has fulfilled his legal and contractual obligations, are not paid by the contracting authority on the due date stipulated in the concession contract or on expiry of the payment period.
Late payment shall give rise, under the conditions set out in this sub-section, to interest on arrears, a fixed indemnity and, where applicable, additional compensation paid to the creditor by the contracting authority.From the day following the expiry of the payment period or the due date set out in the concession contract, late payment shall give rise, ipso jure and without further formality, to interest on arrears, the rate of…
The public undertakings defined in II of Article 1 of Order no. 2004-503 of 7 June 2004 transposing Directive 80/723/EEC on the transparency of financial relations between Member States and the contracting entities mentioned in 2° and 3° of Article L. 1212-1 are liable to an administrative fine of up to two million euros for exceeding the maximum payment period set by the regulations referred to in article L. 3133-10,…
The concessionaire may entrust to third parties part of the services or works covered by the concession contract. It remains personally liable for the performance of all obligations arising from the concession contract.
When a third party against whom grounds for exclusion exist is presented by the concessionaire at the stage of execution of the concession contract, the conceding authority requires his replacement by a third party who is not the subject of grounds for exclusion under the conditions laid down by regulation.
Concession contracts, with the exception of those relating to rail passenger transport mentioned in Chapter I of Title II of Book I of Part Two of the Transport Code covered by Article 5(3) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road, as amended, are subject to the provisions of this Title,…
A concession contract may be amended without a new competitive tendering procedure, under the conditions laid down by decree in the Conseil d’Etat, when:1° The amendments were provided for in the initial contractual documents;2° Additional works or services have become necessary;3° The amendments are made necessary by unforeseen circumstances;4° A new concessionaire replaces the initial concessionaire under the concession contract;5° The amendments are not substantial;6° The amendments are minor in…
When the conceding authority unilaterally makes a modification to an administrative contract, the concessionaire is entitled to maintain the financial equilibrium of the contract, in accordance with the provisions of 4° of article L. 6.
Without prejudice to the provisions of article L. 6 and special legislative provisions, the concession granting authority may terminate the concession contract in the cases provided for in this section.
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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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