6 February 2018
Deals | France | Public Law & Environment
Gide has advised Extérion Média France on the dispute regarding the temporary service concession for the operation of street furniture displaying general or local information, as well as advertising, to Somupi, a company of group JC Decaux.
On 18 September 2017, the Council of State (Conseil d’Etat) had annulled the tendering procedure of a first concession awarded by the City of Paris to Somupi. The City of Paris had subsequently decided to award to Somupi, as a matter of urgency and without publicity or prior competitive procedure, a temporary 20-month concession for an estimated 40 million euros.
In two new decisions rendered on 5 December 2017 and 5 February 2018, the Paris Administrative Court (tribunal administratif de Paris) and the Council of State condemned the direct award of this contract. They concluded that the conditions under which a temporary concession could be awarded without publicity or tendering were not fulfilled. They also considered that if the City of Paris were to award a temporary concession, then it should resume the competitive procedure at the stage of notice of competitive public tender.
Gide advised Extérion Média France with a team comprising partner Michel Guénaire and associates Pierre-Adrien Lienhardt and Alexandre Rennesson.