Article L3136-2 of the French Public procurement code
November 8, 2023
The concession granting authority may terminate the concession contract in the event of force majeure.
The concession granting authority may terminate the concession contract in the event of force majeure.
Where the concession contract is an administrative contract, the concession-granting authority may terminate it: 1° In the event of sufficiently serious misconduct on the part of the concessionaire; 2° For a reason of general interest, in accordance with the provisions of 5° of article L. 6.
When an economic operator is, during the performance of a concession contract, placed in one of the cases of exclusion mentioned in articles L. 3123-1 to L. 3123-5 and articles L. 3123-7 to L. 3123-13, the conceding authority may terminate the concession contract for this reason. The operator must inform the concession-granting authority of this change in circumstances without delay. However, the conceding authority may not terminate the concession contract…
Where a concession contract should not have been awarded to an economic operator because of a serious breach of the obligations laid down by European Union law on concession contracts which has been recognised by the Court of Justice of the European Union under the procedure provided for in Article 258 of the Treaty on the Functioning of the European Union, the awarding authority may terminate the contract.
The concession granting authority may terminate the concession contract if performance of the contract cannot be continued without a modification that would breach the provisions of Chapter V of this Title.
In the event of cancellation or termination of the concession contract by the court, following an appeal by a third party, the concessionaire may claim compensation for the expenses it has incurred in accordance with the contract, provided that they were useful to the concession granting authority.
The expenses mentioned in article L. 3136-7 include, where applicable, the costs associated with the financing put in place as part of the performance of the contract including, where applicable, the costs to the concessionaire relating to the financing instruments and resulting from the early termination of the contract. The inclusion of financing costs is subject to the main characteristics of the financing to be put in place for the…
Where a clause in the concession contract sets out the terms and conditions of compensation to be paid to the concessionaire in the event of cancellation, rescission or termination of the concession contract by the court, it is deemed to be severable from the other stipulations of the contract.
When the concession-granting public entity terminates the works concession contract or the public service concession contract before its normal expiry date, the operator is entitled to compensation for the loss it suffers as a result of the early return of the assets, free of charge, to the assets of the public entity if they have not been fully depreciated, under the following conditions :1° When the depreciation of these assets…
The parties to an administrative contract may have recourse to a third party conciliator or mediator under the conditions laid down by the Chapters Iand II du titre II du livre IV du code des relations entre le public et l’administration.
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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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