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Kawthar Ben Khelil

Counsel

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

Kawthar Ben Khelil joined the Public law / Infrastructure Department of CMS Francis Lefebvre in 2008.

She is active in public business law and in particular in the following areas: public contracts (including public procurement contracts, concessions, public-private partnerships, contracts of occupancy of the public domain, complex contractual agreements) and other issues in relation to public law (public property law, financing of public entities, public sector entities, social housing, public subsidies, bonds of entities from the public sector, etc).

She advises and defends her clients, among which operators acting in various sectors, construction companies, financial institutions, infrastructure funds, as well as public sector entities.

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Administrative and public law: Rising Stars

Legal 500 EMEA 2022

Best Lawyer, Administrative Law

Best Lawyers 2024

Relevant experience

  • Public law / Infrastructure Department of CMS Francis Lefebvre (joined in 2008).
  • Since 2020/2021:  Lecturer in Master in Public Law (University Paris I - Panthéon Sorbonne): case study (analysis and drafting of contractual provisions).
  • From 2011/2012 to 2017/2018: Lecturer in Master in Environmental and Earth Sciences at the Institut de Physique du Globe de Paris, University Paris-Diderot: introduction to French public procurement law.
  • From 2010/2011 to 2015/2016: Lecturer in Master of real estate sciences, University Paris Ouest Nanterre La Défense: introduction to French public procurement law, public-private partnerships.

Relevant operations:

  • Olympic aquatic centre of la Plaine Saulnier: advising the lenders (in particular SMBC) of the winning consortium led by Bouygues Bâtiment in connection with the procedure for awarding the concession contract for the construction and operation of the facility.
  • 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.
  • Advice to an operator providing ticketing services within the framework of several tender procedures
  • 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)
  • Litigation against the irregular award of a public procurement contract with major public health issues (administrative court and Conseil d’Etat)
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Memberships & Roles

  • Bar of Hauts-de-Seine.
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Publications

  • Le recours au bail emphytéotique”, with François Tenailleau, Revue Contrats publics, February 2022
  • Commande publique et environnement”,  website CMS Francis Lefebvre Avocats, 3 November 2021
  • Vers le verdissement des contrats publics d’infrastructure”, Lettre de l’immobilier, 7 October 2021
  • CMS public procurement remedies toolbox (French part), July 2021
  • CMS Public procurement guide (French part), 23 June 2021
  • Plan de relance et marchés publics : assouplissement du régime des avances”, Revue de droit immobilier, December 2020
  • Les contrats de service public de transport ferroviaire de voyageurs”, with François Tenailleau, JCP A, 14 December 2020
  • Covid-19 : la réquisition des stocks de masques et de matières premières nécessaires à leur fabrication”, website of CMS Francis Lefebvre Avocats, June 2020
  • Questions-réponses sur l’impact du Covid-19 sur les contrats de la commande publique : tour d’horizon en 11 questions”, website of CMS Francis Lefebvre Avocats, May 2020
  • Impact of Covid-19 on public procurement, guide CMS, April 2020
  • La loi PACTE et les organismes de droit public”, website of CMS Francis Lefebvre Avocats, July 2019
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Education

  • Certificate of specialization in public law (16 April 2019)
  • Master Affaires publiques, Institute of Political Sciences of Paris (Sciences Po) (2008)
  • Masters in Bilingual Studies of European laws (French law and Anglo-american law), University Paris X – Nanterre (2006)
  • LLM in International Law and World Order, University of Reading (2006)
  • Masters in Business law, University Paris X – Nanterre (2005)
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Feed

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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
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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...
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The 2020 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 4 in...
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The COVID-19 crisis is having a serious impact on the economy and businesses. In this situation, public procurement can be of even more importance than usual. In this one-hour webinar, together with responses...
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The COVID-19 crisis is having a serious impact on the economy and businesses. In these circumstances, public procurement can be of even greater importance than usual and various questions arise, such...