Chapter II: State occupation and concession assets

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…

The works concession contract or the contract granting a public service concession may also include an option for the assets belonging to the concessionaire that are not required for the operation of the public service to be taken back by the granting public entity at the end of the contract, in return for a price agreed between the parties or, where applicable, free of charge.