Public business law

A genuine strategic lever for operators and the public sphere alike, public procurement law governs all contracts by which a public body, or a private entity subject to this regime, meets its needs or delegates the operation of a service.

The firm assists contracting authorities and contracting entities at every stage of the contract cycle. Upstream, we advise on defining requirements, choosing the contractual arrangement, structuring the award procedure, drafting the tender documents, conducting negotiations and selecting bids. During performance, we assist them in negotiating and drafting amendments, resolving difficulties encountered and anticipating the risk of liability claims.

In parallel, the firm acts for economic operators, whether bidders or contract holders, assisting them in structuring their bids, securing their arrangements and defending their interests before the courts (pre-contractual and contractual summary proceedings, actions challenging the validity of the contract or seeking the resumption of contractual relations, liability actions).

This expertise extends to all issues relating to the grant of rights to occupy public or private property for economic exploitation. The firm assists public, semi-public and private actors in structuring their property development projects, drafting occupancy agreements, temporary occupancy authorisations and administrative long leases (baux emphytéotiques administratifs), as well as in related litigation.

At a time when public financial support is ever more substantial, the firm assists public and semi-public actors in designing and building projects that benefit from such support so that they comply with State aid law (characterisation, GBER exemption, other compatibility routes) and, where necessary, in conducting the notification process before the European Commission in liaison with the competent French authorities (SGAE, ministries).

The firm also assists companies dealing with State aid law, whether they are beneficiaries of public support whose legal basis needs to be secured, or competitors affected by aid granted to a third-party operator. We support our clients in lodging complaints, or preparing a defence, in formal investigation procedures opened by the European Commission. This work may also be combined with actions before national courts to obtain the suspension or recovery of the aid.

The firm assists local authorities and their groupings in choosing the legal vehicle best suited to pursuing their economic activities (SEM, SPL, SEMOP, GIP, etc.) and in drafting all the documents needed to secure them legally (articles of association, shareholders' agreements, incorporation formalities, etc.).

Beyond the incorporation phase, the firm assists its clients with the governance of these entities: functioning of corporate bodies, securing contractual relations between the company and its public shareholders, setting up in-house arrangements (in house) and handling capital transactions. This expertise draws on the firm's cross-disciplinary practice in company law, tax law and employment law, which makes it possible to approach the life of a public company with the same rigour as that of private companies while incorporating the specific requirements of public law.

Public sector criminal law protects the probity of public action, the integrity of public decision-makers and compliance with the rules governing the use of public entities' funds. Particularly sensitive, this area of litigation involves considerable institutional, reputational and personal stakes for elected officials, public servants, local authorities, public companies and economic operators contracting with the public sphere.

The firm advises its clients on all offences relating to breaches of probity: unlawful taking of interest, favouritism, misappropriation of public funds, extortion by public officials, corruption and influence peddling. Our lawyers assist both elected officials and public servants implicated, whether in a personal capacity or in connection with the performance of their duties, and economic operators exposed to criminal risk through their contractual relationship with a public body. They also act for local authorities and public companies joining proceedings as civil parties to defend their financial and institutional interests.

Beyond defence before the criminal courts, our lawyers provide advisory and prevention services, including training for elected officials and public servants.

Planning law governs the buildability of land and land-use planning. It is a crucial parameter for businesses wishing to expand their facilities and for local authorities seeking to develop their territories.

The firm thus assists its clients, local authorities and businesses, on all planning aspects of territorial and real estate projects. Whether representing interests in the drafting or revision of planning documents (PLU, SCoT, etc.), carrying out audits for planning permissions, or bringing challenges against these documents and permissions, the firm puts its expertise at the service of those shaping the future.

The firm also supports its clients on large-scale projects, advising and litigating in operational planning (pre-emption rights, ZAC, subdivisions, etc.) and agricultural and commercial planning (CDAC, CNAC appeals). This expertise is combined with the firm's practice in tax law, for development taxation, and in criminal law, to support and defend our clients in relation to criminal planning rules.