28 August 2012: Gide advises the Communauté Urbaine de Nice-Côte d'Azur on a settlement with a private consortium authorised by the local administrative court
In a judgment rendered on 16 July 2012, the Marseille Administrative Court of Appeal dismissed the appeal lodged by Christophe Mirmand, government representative (Prefect) of the Alpes-Maritimes region in the southeast of France, requesting the cancellation of the settlement agreement signed between the Communauté urbaine de Nice Côte d'Azur (Nice City Council) and Eiffage TP, Eiffage construction Côte d'Azur, Spie Fondations and Eiffage travaux publics Méditerranée. Such a request was brought on the belief that the settlement agreement was illegal, but was dismissed for incorrect knowledge of public procurement law. The agreement provided a legal framework for the payment of nearly EUR 15 million by the Nice City Council to the consortium, owing to the completion of additional work that was not stated in the original contract and that concerned the construction of the maintenance centre for the Nice tramway. With this judgment, the administrative court confirms that public authorities can advantageously use the settlement process in the event of disputes.
Gide Loyrette Nouel advised the Communauté urbaine de Nice Côte d'Azur, with Michel Guénaire (partner) and Alexandre Gauthier (associate).