Concession contracts concluded by a contracting authority, including where it is acting as a contracting entity, with a legal person governed by public or private law are subject to the rules set out in Title II where the following conditions are met:
1° The contracting authority exercises over the legal entity concerned a control similar to that which it exercises over its own departments;
2° The controlled legal entity carries out more than 80% of its activity within the framework of tasks which are entrusted to it either by the contracting authority which controls it, or by other legal entities which the latter controls, or by this contracting authority and other legal entities which it controls;
3° The controlled legal person does not have a direct private capital holding, with the exception of those forms of private capital holding without the capacity to control or block required by law which do not allow a decisive influence to be exercised over the controlled legal person.
A contracting authority is deemed to exercise over a legal person control similar to that which it exercises over its own departments, if it exercises decisive influence over both the strategic objectives and important decisions of the controlled legal person. This control may also be exercised by another legal person, which is itself controlled in the same way by the contracting authority.