Absence de publicité et de mise en concurrence pour les conventions d'occupation du domaine public

Lack of publicity and competition for public domain occupancy agreements

by gmorales on 14 June 2013 | Category: Public markets
Absence de publicité et de mise en concurrence pour les conventions d'occupation du domaine public Absence de publicité et de mise en concurrence pour les conventions d'occupation du domaine public

Lack of publicity and competition for public domain occupancy agreements

Rule n ° 1:

Lack of publicity and competitive bidding procedures for public domain occupancy agreements
No law, regulation or principle requires a public body to organize a publicity procedure prior to the issue of an authorization or the conclusion of a contract of occupation of a public domain dependency, having in one or the other case for sole purpose the occupation of such a dependence, even if the occupier of the state dependency is an operator in a competitive market.

Rule n ° 2:

Concept of public contract-A contract for the installation and operation by an economic operator of advertising material for cultural events in a municipality does not constitute a public contract since the subject of the agreement not on the activities of the municipal public services nor those which would be carried out on their behalf, the convention is not concluded to answer a need of the Commune.