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Public law

Companies are increasingly confronted with the many aspects of public law, whether through the various regulations to which they are subject or due to the increasingly restrictive legal frameworks of the contracts they enter into with public entities: the State, public institutions, local authorities and agencies, etc. Public entities must also be increasingly careful with regard to their decisions and procedures. Our expertise is rooted in our solid understanding of these two main categories of players in public law. 

Our practice areas

Public business law

  • Public contracts: assisting awarding authorities and contractors with regard to entering into, qualifying for and performing public contracts (public procurement contracts, delegation of public services, public-private partnerships, agreements relating to occupancy of public property, complex contractual arrangements, etc.) and litigation relating to awarding and performing public procurement contracts
  • Financial subsidies
  • Managing public services and public property
  • Financial disputes before the regional public auditor’s offices.

Town planning and development law

  • Audits and litigation relating to planning permissions
  • Assistance with development operations (validating the legal aspects of commercial development projects, negotiating development concessions, subdivisions and joint tenancies, using land acquisition and management mechanisms: abandonment, pre-emption, expropriation, etc.)
  • Commercial development
  • Taxation relating to town planning
  • Criminal and civil law relating to town planning
  • Litigation relating to expropriation before the administrative and judicial courts. 

Environmental law

  • Installations registered on environmental protection grounds
  • Contaminated sites
  • Waste Environmental audits
  • Water and protection of aquatic environments. 

Our approach

We provide the following services for all of the above areas and operations:

  • Legal advice, opinions and assistance on all aspects of public real estate and business law.
  • Audits of the companies subject to these regulations that have been awarded public contracts.
  • Drafting procedures and tenders, negotiating and finalising public contracts.
  • Legal representation of clients in all disputes relating to these matters.Our expertise in these various areas is provided by a team that has demonstrated its expertise in public law, which is constantly able to work in conjunction with the firm’s teams specialising in real estate law, real estate and local taxation, competition law or employment law in order to ensure a high-level multidisciplinary approach. We adopt a comprehensive approach when managing our clients’ matters. We handle relations with other participants throughout the planning, implementation and performance stages. 

Our clients

We have been working for many years both for public entities (state-owned companies, public national and local institutions, local authorities and agencies, and semi-public companies) and private companies confronted with public law issues(companies in the construction and public works sector, manufacturers, service companies, financial institutions, etc.). 

Our team

Our team is comprised of 6 lawyers, including 3 partners with over 15 years of experience. In the scope of CMS , lawyers specialising in these areas are in constant liaison and hold regular meetings.

They are accordingly in a position to offer our clients services which reflect international practice of public law and provide cross-border services based on their high technical expertise and excellent organisational skills by lawyers accustomed to working together.

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Picture of Yves Delaire
Yves Delaire
France, Lyon
Yves Delaire is a partner in the Public Law department of CMS Francis Lefebvre Lyon Avocats since its creation in 1990, which he directly contributed to. He has been a member of the Supervisory Board...