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The United Chambers on the jurisdiction of the ordinary judge with regard to building concessions and public services

  • 30/07/2019

Recently the United Sections of the Court of Cassation have pronounced, in relation to the issue of building concessions and public services.

By Order of 8 July 2019, no. 18267, the United Chambers stated that: “With regard to the concession of construction and management of public works and the granting of public services, the jurisdiction of the ordinary judge, concerning indemnities, fees and other considerations, in the executive phase of the concession contract , extends to questions concerning the fulfillment and non-fulfillment of the concession and the consequences of damages, arising in the context of an equal relationship between the parties, without prejudice to the exclusive jurisdiction of the administrative judge in cases where the Administration exercises typed authoritative powers From law”.

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