Délégations de service public : attention aux transferts de compétences !

Public service delegations: pay attention to transfers of skills!

by gmorales on 11 May 2011 | Category: Public service delegations
Délégations de service public : attention aux transferts de compétences ! Délégations de service public : attention aux transferts de compétences !

CE May 11th, 2011, Lyonnaise des Eaux France, req.n ° 337927

Pursuant to the provisions of Articles L. 5214-21 and L. 5214-1-1 of the General Code of Local Authorities, a community of municipalities is, from the outset, automatically substituted for a syndicate of municipalities whose scope coincides with the for all the competences hitherto exercised by this union, even if these competences do not appear in the statutes of the community of communes. Therefore, on the date of creation of the community of communes, the union of municipalities becomes incompetent to conclude a delegation of public service of distribution of drinking water.

CE 21 February 2011, Sté OPHRYS, Req.n ° 337349

Once a community has transferred its expertise in the treatment, transportation, sorting and storage of household and similar waste, it can no longer ensure the exercise thereof, which is immediately vested in the recipient public body. . Under these conditions, an agglomeration community that joins a union for the recovery and treatment of household and similar waste loses all power for the award of a public service delegation in this area.