2023-06-08 19:00:10
Closed to the public since February 28, the six tennis courts in the Luxembourg Gardens (6e arrondissement of Paris), inaugurated in 1939, should not reopen for several months. At the center of a legal and political battle since 2016, the allocation of the management of these courts by the Senate was the subject, Thursday, June 8, of a new court decision.
In a six-page order, the pre-contractual summary judge of the Paris administrative court canceled the “procedure for awarding a service concession” launched by the Senate in February « for the operation of the six tennis courts in the Luxembourg Gardens and the premises of the Raynal Pavilion”the chalet that houses the changing rooms at the edge of these courts.
The pre-contractual summary judge “Considers that the Senate has not provided for procedures for examining offers guaranteeing the equal treatment of candidates and the transparency of the procedure”. The reason invoked: “The choice offered to candidates on the organization of tennis teaching (rental of all slots to third parties, use of these slots by their own tennis school, mixed organization) did not allow them to submit offers comparable. »
“This breach of the advertising and competition obligations was likely to harm all the candidates for the concession”, notes the judge. Therefore, this cancellation “necessarily implies that the Senate resumes the procurement procedure at the stage of the public call for competition if it intends to award the service concession”.
“Happy bidding”
This order represents a legal victory for the applicant Hervé Picard, manager of the company Paris Tennis and unsuccessful candidate during this call for tenders. The latter had already won his case, in December 2022, before the Council of State. The court had canceled the concession granted by the Senate for fifteen years, without a call for tenders, in 2016, to the Paris Committee, a subsidiary of the French Tennis Federation (FFT).
The Council of State had then forced the Senate to set up a call for tenders for the allocation of the operation of the six courts. On April 13, 2023, the Senate services informed Vaziva that its bid had been accepted and that the concession was awarded to it until 2028.
For Hervé Picard, the order of the administrative court of Paris “is a real tsunami”. “We reset the counters to zero. The judge considered that the call for tenders was tweaked, pipeauté, insincere and disloyal, that there were defects. »
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