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France: The Public-Private Partnership Law Review

A comparative study covering practical aspects and different perspectives on public-private partnership issues in France written by Francois-Guilhem Vaissier, Hugues Martin-Sisteron, Anna Seniuta of the EIPAF team in Paris. Originally published in The Public-Private Partnership Law Review - Edition 1.


Since 2004, more than €18 billion have been invested in French public-private partnerships (PPPs) in various economic sectors (e.g., transport, health, justice, education, urban equipment, environment, energy efficiency, telecommunications and culture). Despite a certain climate of ideological distrust, financial difficulties faced by some local authorities and the decrease in the number of executed agreements due to the weak economic climate, a closer look at activity in 2014 seems to indicate the possibility of a renewal of confidence in PPPs for the coming year. In September 2014, the French Prime Minister stressed, for instance, that 'in order to return to growth and thus employment, France must stimulate public and private investments in public works and construction'. In this chapter, we will focus on the two main forms of PPPs implemented in France: (1) concession agreements, notably subject to Law No. 93-122 of 29 January 1993 (the 1993 Law); and (2) partnership contracts, which are governed by Order No. 2004-559 of 17 June 2004 (the 2004 Order).


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