Press Release: Public procurement: Commission closes infringement procedure against France concerning direct award of concessions to public bodies, as provided for under the ‘Sapin Law’

The European Commission has decided to terminate an infringement procedure that it initiated against France under Article 226 of the EC Treaty relating to a provision of Law No 93-122 of 29 January 1993 (known as the 'Sapin Law') which allows public entities to award concession contracts to public bodies without prior publicity or competitive tendering. These concession contracts (referred to as 'conventions de délégation de service public' (public service delegation agreements) in French law) relate to a wide range of areas of activity including, for example, water and electricity distribution, waste collection, management of public amenities such as sports fields and swimming pools, etc. and the construction and operation of motorways.