Conseil d'État (2014), décision n. 363007 du 30 juillet 2014
Abstract:
The French Council of State has annulled the city council’s deliberation that was authorizing the Municipality of Biarritz to sign a partnership contract concerning the development and the renovation of the “Sea Museum” and the construction of a tourist hub named “City of the sea and of surf”. The Board reached this decision because of the lack of the two following elements: i) the impossibility for the administration to define by its own and provisionally the technical tools suitable for the satisfaction of the needs nor to define the legal and financial structures of a project; ii) the matter of urgency. In this regard, it is interesting to note the difference with the configuration of the Italian normativity, which does not impose such strict limits to the cooperation of the Administration with a private subject.