Section 2: Special arrangements for compensating the concessionaire

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…