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Portrait of Francois Tenailleau

François Tenailleau

Partner

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

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

Best Lawyer - Public Law

Best Lawyers

Public Law: Public Contacts, Band 2

Chambers Europe 2021

Highly-regarded (project development, project finance)

IFLR1000 2021

Administrative and public law ; Industry focus: Energy

Legal 500 EMEA 2020

Admistrative law

Best lawyer 2021

Public Law | Band 2 ; Public Law: Public Contacts | Band 2

Chambers Europe 2020

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

  • 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
  • Les marchés globaux de performance : heureuse confirmation d'une occasion saisie (note sur l’arrêt « société Orange »), AJDA, 2019
  • L’action en paiement en contentieux administratif (with Stéphane Austry and Augustin Brière de la Hosseraye), AJDA, 2019
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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...

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