French Business Law - French Legislation

Article L3211-4 of the French Public procurement code

November 8, 2023

Contracting authorities shall be deemed to exercise joint control over a legal person where the following conditions are met :1° The decision-making bodies of the controlled legal person are composed of representatives of all the participating contracting authorities, and the same person may represent several or all of the participating contracting authorities;2° These contracting authorities are in a position jointly to exercise decisive influence over the strategic objectives and important…

Article L3211-5 of the French Public procurement code

November 8, 2023

The percentage of activity referred to in this section shall be determined by taking into account the average total turnover or any other appropriate activity-based parameter, such as costs incurred, over the three accounting periods preceding the award of the concession contract.Where these elements are not available or are no longer relevant, the percentage of activity shall be determined on the basis of a realistic estimate.

Article L3211-6 of the French Public procurement code

November 8, 2023

The rules set out in Title II apply to concession contracts by which contracting authorities, including when acting as a contracting entity, establish or implement cooperation in order to ensure that the public services for which they are responsible are provided with a view to achieving the objectives they have in common, where the following conditions are met: 1° The implementation of this cooperation is based solely on considerations of…

Article L3211-7 of the French Public procurement code

November 8, 2023

The rules defined in Title II apply to concession contracts which, on the one hand, are concluded by a contracting entity with an affiliated undertaking or by a body made up exclusively of several contracting entities with a view to carrying out one or more network operator activities with an undertaking affiliated to one of these contracting entities and, on the other hand, have the following characteristics: 1° In the…

Article L3211-8 of the French Public procurement code

November 8, 2023

The following are undertakings linked to a contracting entity within the meaning of this Part: 1° Undertakings whose annual accounts are consolidated with those of the contracting entity; 2° Undertakings which are likely to be, directly or indirectly, subject to the dominant influence of the contracting entity within the meaning of the second paragraph of Article L. 1212-2; 3° Undertakings which are likely to exercise a dominant influence over the…

Article L3211-9 of the French Public procurement code

November 8, 2023

Concession contracts concluded by a body set up exclusively by contracting entities to carry out one or more of the activities of a network operator with one of these contracting entities, as well as concession contracts concluded by a contracting entity with such a body, are subject to the rules laid down in Title II when the following conditions are met: 1° The body has been set up to carry…

Article L3212-1 of the French Public procurement code

November 8, 2023

When concluded by granting authorities, the rules defined in Title II apply to concession contracts that must be concluded in accordance with the procedures set out in : 1° An international agreement or administrative arrangement, concluded between a Member State of the European Union and one or more third States or a subdivision thereof, relating to works or services intended for the joint implementation or exploitation of a project by…

Article L3212-2 of the French Public procurement code

November 8, 2023

When they are concluded by conceding authorities, concession contracts concluded: 1° According to the procedure specific to an international organisation when the concession contract is entirely financed by this international organisation; 2° According to the procedure agreed between an international organisation and a contracting authority, when the concession contract is mainly co-financed by this international organisation, are subject to the rules defined in Title II.

Article L3212-4 of the French Public procurement code

November 8, 2023

The following concession contracts are subject to the rules set out in Title II : 1° Services relating to the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property, or relating to other rights over such property; 2° Services relating to research and development for which the purchaser does not acquire exclusive ownership of the results or does not fully finance the service; 3°…

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Legislative part

Article L3211-4 of the French Public procurement code

Article L3211-5 of the French Public procurement code

Article L3211-6 of the French Public procurement code

Article L3211-7 of the French Public procurement code

Article L3211-8 of the French Public procurement code

Article L3211-9 of the French Public procurement code

Article L3212-1 of the French Public procurement code

Article L3212-2 of the French Public procurement code

Article L3212-4 of the French Public procurement code

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Legislative part

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