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François Tenailleau

Partner

Contact
CMS Francis Lefebvre Avocats
2 rue Ancelle
92522 Neuilly-sur-Seine
Cedex
France
Languages French, English

François Tenailleau joined CMS Francis Lefebvre in 1998 and was co-opted as a partner in 2010.

He practices public business law and in particular in the following areas: public contracts (including public procurement contracts, concessions, public-private partnerships, agreements relating to the occupancy of the public domain, complex contractual arrangements) and other public law matters: public property law, financing of public entities, public and parapublic institutions, social housing and state aids.

He heads the Infrastructure practice.

He is recognized as an expert in his field and is regularly consulted by French government authorities and professional organizations. In particular, he was a member of the group of experts associated with the drafting of the French public procurement code and was involved in  the group in charge of the revision of standard clauses applicable to public procurement contracts.

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Best Lawyer, Administrative Law

Best Lawyers 2024

Best Lawyer, Public Law

Best Lawyers 2024

Public Law

Chambers Europe 2023

Relevant experience

  • Lecturer on the Master's degree course in public business law at the Sorbonne Law School (University of Paris I) from 2016

Relevant operations:

Project

  • Centre aquatique Olympique de la Plaine Saulnier: advised the lenders relating to the consortium held by Bouygues Bâtiment during the bid for the concession contract for the construction and operation of the centre;
  • Issy-les-Moulineaux heating and cooling network: advice to Veolia Environnement in connection with the award of a concession contract for the construction and operation of a network for the production and distribution of heating and cooling energy from the recovery of heat from the wastewater collector;
  • Port concession of Boulogne-sur-Mer and Calais: advised the sponsors then the concessionaire both during the tender procedure for the renovation of the port (€ 900 million investment) and the performance of the works and the operation of the port;
  • Innovative biomass power plant and co-generation: advised Européenne Biomasse, Meridiam and Caisse des Dépôts for an innovative project located in Pomacle.

Litigation

  • Ecotax for heavy goods vehicles: assistance to an authorised electronic toll collection company (a joint subsidiary of Eiffage and Vinci) within the framework of the litigation against the French State following the termination of the partnership contract relating to the ecotax for heavy goods vehicles. The French State was ordered to compensate the company by the administrative court of appeal of Versailles.
  • For a bank: support in the context of a dispute for the payment of sums owed by the French State in reimbursement of pre-financing provided by the bank for subsidised agricultural loans (from lower administrative court to the Conseil d’Etat after referral to the administrative court of appeal and second appeal before the Conseil d’Etat)
  • Public procurement contract relating to an administrative complex (cité administrative): cancellation of the award procedure on behalf of a construction group in the framework of pre-contractual summary proceedings (référé précontractuel).
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Memberships & Roles

  • Member of the French Expertise Centre for the observation of PPPs (Centre d’Expertise Français pour l’Observation des Partenariats Public-Privé (CEF-O-PPP))
  • Member of the network Public Contracts in Legal Globalization
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Publications

  • L’autoconsommation facilitée par la loi EnR, Le Moniteur, 14 april 2023
  • Loi ouvrant le tiers financement pour favoriser les travaux de rénovation énergétique : une nouvelle forme expérimentale de contrat de performance énergétique à paiement différé, La Semaine Juridique - Administrations et collectivités territoriales, JCP – LexisNexis ,Numéro 15,  17 April 2023
  • Contrats de performance énergétique, Jurisclasseur
  • Marchés Globaux, Juriclasseur
  • Bail emphytéotique (with Jean-Luc Tixier), Encyclopédie Dalloz
  • Loi 3DS et décentralisation des routes nationales : risques et opportunités, Le Moniteur, 22 april 2022
  • Exclusion automatique des marchés publics en raison de certaines infractions pénales : les parades (withThomas Carenzi), Le Moniteur web, 31 january 2022
  • Les contrats de service public de transport ferroviaire de voyageurs (with Kawthar Ben Khelil), JCP A, 14 December 2020
  • Théorie de l’imprévision, mode d’emploi, Le Moniteur, 16 October 2020
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Education

  • Certificate in Public Law - 2003
  • Institute of Public Business Law, University Paris-Saclay – 1998
  • Postgraduate degree in public law (Urban planning, Utilities) from University Paris I – 1996
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11/04/2019
Entrée en vigueur du nouveau Code de la commande publique : quels changements...

Feed

13/04/2023
LEGAL 500 EMEA 2023
The 2023 edition of the Legal 500 EMEA guide is out. We would particularly like to thank our clients for putting their trust in us! Our law firm’s rankings in France France 2 in Tier 1 : Derivatives...
16/03/2023
Chambers Europe 2023
The 2023 edition of Chambers & Partners Europe guide has been published. We would particularly like to thank our clients for putting their trust in us! Our firm’s rankings Banking & Finance: Financial...
14/03/2023
Chambers Europe 2024
The 2024 edition of Chambers & Partners Europe guide has been published. We would particularly like to thank our clients for putting their trust in us! Our firm’s rankings Banking & Finance: Financial...
03/02/2023
Supporting your infrastructure projects
Addressing your needs Regardless of the nature of your project, your interests are defended by our specialists, armed with in-depth knowledge of the sectors concerned and a real capacity for innovation...
26/08/2022
Public procurement regulation in France
June 2021 1. Where can one find public procurement notifications for France? Public procurement notifications can be found in the online version of the Bulletin Officiel des Annonces des Marchés Publics...
10/06/2022
CMS Expert Guide on rising raw material prices
Companies in several sectors are currently faced with significant increases in the price of raw materials (including gas and petrol), or even shortages in or temporary interruptions to supplies. These...
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21/04/2022
CMS Expert Guide on rising raw material prices
Companies in several sectors are currently faced with significant increases in the price of raw materials (including gas and petrol), or even shortages in or temporary interruptions to supplies. These...
13/04/2022
LEGAL 500 EMEA 2022
The 2022 edition of the Legal 500 EMEA guide is out. We would particularly like to thank our clients for putting their trust in us! Our law firm’s rankings in France, Algeria and Morocco France...
17/03/2022
Chambers Europe 2022
The 2021 edition of Chambers & Partners Europe guide has been published. We would particularly like to thank our clients for putting their trust in us! Our lawyers’ rankings Banking & Finance: Financial...
09/12/2021
CMS Public Procurement Forum
Public procurement on the move to ecological transition We are delighted to announce that the 7th CMS Public Procurement Forum will take place in Paris on Thursday, 9 December 2021 from 5:00 p.m. to 7:30...
18/03/2021
Chambers Europe 2021
The 2021 edition of Chambers & Partners Europe guide has been published. We would particularly like to thank our clients for putting their trust in us! Our lawyers’ rankings Stéphane Austry – Tax:...
28/07/2020
Legal 500 Paris 2020: our law firm’s rankings
The 2020 edition of the Legal 500 Paris guide is available. We thank our clients for their trust and support!This year, our firm is ranked in 20 expertise, including: 4 in Tier 1: Tax; Employment; Se­cur­it­isa­tion...