Vignette dossier droit public

Public Law

Cabinet Palmier - Brault - Associés is a firm specialized in Public Law. The lawyers of the cabinet decipher for you the important jurisprudential news of the public right (town planning, right of the territorial collectivities, etc ....).

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Sur la responsabilité des comptables publics en matière de contrôle des marchés publics

On the responsibility of public accountants in matters of public procurement control

CE December 6, 2019, Minister of Action and Public Accounts, req.n ° 425542

In this case, the Council of State recalls the basis of the responsibility of public accountants in matters of control of public contracts and the procedures for assessing the existence of any financial loss linked to control failures

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Les conventions de subvention ne riment pas avec contrats administratifs !

Grant agreements do not rhyme with administrative contracts!

CE, notice, May 29, 2019, Royal Cinema Company, req. No. 428040

The Council of State recalls that the grant agreement is not an administrative contract, but a unilateral administrative act, so that its award can not be the subject of a pre-contractual summary procedure, or an appeal. challenge to its validity

For the implementation of public policies on their territory, local authorities have, for a long time, found strong allies in the person of associations and societies. Working in synergy, the administrations pay, quite classically, grants to their private partners to help them accomplish their missions. By way of illustration, it is quite typical for a municipal council to pay an annual subsidy to sports clubs and cultural associations, to name a few.

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Lorsque « concessionnaire d’autoroute » ne rime pas nécessairement avec « pouvoir adjudicateur » !

When "motorway concessionaire" does not necessarily rhyme with "contracting authority"!

CE April 30, 2019, Total Marketing France Company, req. No. 426 698

 It is a complex case that has been submitted to the control of the highest administrative court. At the end of a sub-concession contract relating to the shopping and restoration of a service area on the A6 motorway, Total, a former incumbent, did not submit an offer to the Autoroutes Paris-Rhin-Rhône [APRR], considering that the procedure of illegal handing. Having seized the administrative judge of a pre-contractual summary, Total was denied his claims. Accordingly, the applicant company requested the Conseil d'État to annul the order for interim relief and to uphold its claims at first instance. Thus, this decision draws our attention to two relevant elements: the jurisdiction of the administrative judge in the case of a contract involving the occupation of the public domain and the identification of a contracting authority conditioning the competence of the judge of the pre-contractual summary

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Dépose de panneaux lumineux : la seule perte du manque à gagner ne justifie pas l’urgence

Removal of light panels: the only loss of the loss of profit does not justify the urgency

TA Toulouse, SAS JOURETNUIT, n ° 1801808

In this case that the firm won on behalf of the commune of CAHORS, the Administrative Court of Toulouse gives interesting indications on the elements that can be taken into consideration by the judge of the interim suspension to assess the condition of urgency to suspend a decision taken by a municipality ordering the removal of light panels located on its territory.

As a reminder, Article L. 521-1 of the Code of Administrative Justice states that the judge hearing the application for interim measures may order the suspension of the execution of a decision, or of certain of its effects, when the urgency justifies it and when a means of creating, in the state of the investigation, a serious doubt as to the legality of the decision. The condition of urgency to which the imposition of a suspension order is subject must be regarded as satisfied when the contested administrative decision prejudices in a sufficiently serious and immediate manner a public interest, the situation of the applicant or the interests he intends to defend. It must be demonstrated, supporting evidence, which was not the case here.

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Marché de Noël: conditions de recevabilité du référé suspension contre le refus de renouveler un contrat

Christmas market: conditions of admissibility of the interim suspension against refusal to renew a contract

TA Paris, Ord.16 November 2017, Sté Loisir Associés, n ° 1716925

This case provides an opportunity to recall the precautions that should be taken in case of dispute of a decision refusing the renewal of a contract. The city of Paris welcomes each year since 2008, for about two months from mid-November, a Christmas market on the lower part of the Avenue des Champs-Elysées, which is the subject of authorizations of occupation of the public domain. A company that had an agreement of occupation of the public domain wished to contest the refusal of the City of Paris to renew its contract.

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Annulation d'un marché public attribué à un braconnier du droit!

Cancellation of a public contract awarded to a poacher of the right!

TA Rennes, 15th of June 2017, company A ...., req.no. 1600383

By judgment dated June 15, 2017, the Administrative Court of Rennes cancels the contract concluded between a municipality and a consulting company for the purpose of providing project management assistance for the realization of a concerted development zone (ZAC), considering that the services provided for in the contract essentially relate to a legal consultation activity.

The specifications required the successful tenderer, in particular, to provide the legal community with assertive support and, in particular, through its advice and the material produced, to ensure the unfailing legal reliability of the procedure », Which involved the drafting of personalized recommendations with regard to the regulations in force and the preparation of the legal documents and documents necessary for the award of such a contract (specifications, regulations, advertising documents, draft municipal deliberation , etc.).

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Communication des documents administratifs : possibilité d’opposer le secret industriel et commercial même en situation de quasi-monopole

Communication of administrative documents: possibility to oppose the industrial and commercial secret even in situation of quasi-monopoly

CE April 21, 2017, Company FM project, No. 394606

The company FM projet, a developer of electronic communications involved in the upstreaming operations, has submitted to the ARCEP (French Regulatory Authority for Electronic Communications and Posts) a request for the communication of the detailed breakdown of the costs of transmission offers. reference of the company Orange, intended for operators of networks open to the public, on the one hand for access to civil engineering infrastructure and air support and, on the other hand, for the creation of shared connection points. ARCEP rejected this request for communication on the ground that the information covered was covered by the industrial and commercial secret. FM project asked the administrative court to annul the decision refusing disclosure of requested information. This request having been rejected, FM project appealed to the Council of State.

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Exception d'irrecevabilité pour absence d'utilisation de télérecours !

Exception of inadmissibility for failure to use telerecours!

TA Amiens, Ord.24 March 2017, Mr. Frederic P., n ° 1700710

Lawyers, public persons and private persons in charge of a public service: send your requests via telerecours!

By a decision of the Minister of the Interior, it was found the loss of validity of the driver's license of Mr. Frederic P., for balance of zero points. The latter appealed to the judge for interim relief in order to obtain the suspension of that decision until the merits of the judgment were finally decided. In this order, the judge of the Administrative Court of Amiens declares the application inadmissible because it is not communicated by the application Télérecours and rejects it without invitation to regularize.

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Rupture des pourparlers : les dépenses engagées peuvent être indemnisées mais pas la perte du bénéfice espéré

Break in talks: expenses incurred may be compensated but not loss of expected profit

December 9, 2016, Société Foncière Europe, n ° 391840

Foncière Europe wanted to acquire land in Grasse to build a business park. The agglomeration community first expressed its wish to participate in the project, then gave up and decided to acquire the property itself. To this end, the municipality exercised its right of pre-emption. Believing that it had been the victim of an abusive breach of negotiations with the agglomeration community and of a fault on the part of the municipality in exercising its right of pre-emption, Foncière Europe brought an action for damages before the Administrative Court. However, the parties reached an amicable agreement and entered into a transactional protocol, which was approved by deliberative deliberations of both communities. An appeal was lodged against these deliberations, which were annulled by the Administrative Court. Foncière Europe filed an appeal, which was rejected by the Administrative Court of Appeal. On an appeal, the Council of State provides interesting details on the responsibility of the administration in case of break of the talks, as well as on the conditions of regularity of a transaction.

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Application à un litige en cours du principe du délai de recours raisonnable

Application to an ongoing dispute of the principle of reasonable time of appeal

TA Montpellier, November 10, 2016, Mrs. Virginie T. and Mr. Nicolas M., No. 1404905

The beneficiaries of a building permit had lodged an appeal against the title of collection issued for the payment of the local equipment tax, the CAUE tax and the tax for sensitive natural areas. As the appeal was lodged more than one year after the notification of this title, which did not specify the ways and time for appeal, the Montpellier Administrative Court applies the principle recently adopted by the Conseil d'Etat on the reasonable period of time recourse.

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