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27 November 2012
27 November 2012: Prior conciliation clause and issuance of an execution order - Gide Loyrette Nouel advising on the dispute
The Rouen administrative court has heard the dispute opposing the Syndicat mixte de promotion de l’activité transmanche (SMPAT) to its delegatee, Louis Dreyfus Transmanche Ferries.
In its judgment rendered on 8 November 2012, the court acknowledged that a public service delegation agreement providing for a conciliation procedure prior to litigation action does not prevent the delegating authority from directly issuing an execution order for the payment of an amount that was not the object of a formalised dispute at the time of the order's issuance.
Gide Loyrette Nouel advised the SMPAT, with partner Michel Guénaire, and Pauline Gallardo.
Carbonnier, Lamaze & Rasle advised Louis Dreyfus Transmanche Ferries, with partner Jérôme Grand d’Esnon.
