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

by Sébastien Palmier on 6 December 2017 | Category: Public Law
Marché de Noël: conditions de recevabilité du référé suspension contre le refus de renouveler un contrat Marché de Noël: conditions de recevabilité du référé suspension contre le refus de renouveler un contrat

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.

Rule n ° 1:

The judge of the contract is competent to hear the dispute by the holder of an administrative contract of the validity of a decision rejecting the request for renewal of the contract which he has submitted under one of its clauses.

In other words, the holder of a contract may bring an action challenging the validity of the decision refusing to renew a contract, whether it is a public contract, a service concession or a convention of occupation of the public domain. The hypothesis may arise especially in the presence of renewal clause.

Rule n ° 2:

If the holder of the contract decides to combine this appeal with the validity of the refusal of renewal of his contract of suspension, then it must imperatively be introduced before the end of the contract, failing which, the suspension devoid of object.

In this case, the judge of the suspension of the Administrative Court of Paris recalls this rule in particularly clear terms:

" Considering that the judge hearing the application for interim measures can no longer suspend, after the end of a fixed-term contract, the decision not to renew this contract, nor to impose the temporary maintenance of contractual relations beyond the expiry date of this contract; that, consequently, if the judge of the contract is competent to know the dispute by the company Leisure Associates of the validity of the refusal of the city of Paris to renew the convention, the request of the company tending to the suspension of the decision of refusal of renewal was presented to the judge hearing the application for interim relief on 6 November 2017, ie after the expiry of the agreement; that this request was devoid of purpose as soon as it was submitted and is therefore not receivable "

In doing so, the Judge of the suspension of the Administrative Court of Paris applied a solution that is now Council of State in its judgment of March 29, 2017 National Forest Office No. 403257.

It is therefore important for policyholders to remain very vigilant about the due dates of their contracts.