Les conventions d'entente intercommunale sont hors du champ d'application de la commande publique

The intermunicipal agreement agreements are outside the scope of the public order

by gmorales on 3 February 2012 | Category: Public markets
Les conventions d'entente intercommunale sont hors du champ d'application de la commande publique Les conventions d'entente intercommunale sont hors du champ d'application de la commande publique

CE 3 February 2012, Commune of Veyrier-du-Lac, Req.n ° 353737

Rule n ° 1:

The convention by which a municipality entrusts the operation of the public drinking water service to an agglomeration community is not a public service delegation.

Rule n ° 2:

A local authority may perform the public service tasks incumbent on it by its own means or in cooperation with other public persons, in the manner provided for by law without respecting the rules of public procurement. It can thus conclude an agreement constituting an agreement to exercise in cooperation with municipalities, public institutions of intermunicipal cooperation or mixed unions, of the same missions, in particular by the pooling of means dedicated to the exploitation of a public service, to the condition that this agreement does not allow a profit-making intervention of one of these public persons, acting as an operator in a competitive market. This is not the case since the tariff applied to users is intended to strictly balance expenditure.