Public business law
LexCase assists its clients in the private and public sectors at every stage of their contractual business relations in France with the French administrative authorities. The team also provides services to its clients in many regulatory fields.
Business contracts with government agencies, local governments, French public authorities
LexCase assists its private-sector clients (businesses and operators) and its public-sector clients (local administrative authorities, municipalities, public institutions) with the preparation, negotiation and enforcement of their contractual business relations for all types of public contracts in many sectors (transportation, construction, IT, restaurant and catering services, healthcare, leisure and sports, culture, etc.).
- Public procurement contracts – Government contracts
- Public service outsourcing contracts and concessions
- Public Private Partnership (PPP) agreements
- Public land use agreements
- Complex contractual frameworks applied to the public sector
- Corporate legal arrangements for public and partially state-controlled entities
Administrative Litigation involving business contracts with government agencies
LexCase provides services to its clients prior to and during litigation regarding all types of contractual matters before administrative, financial and criminal courts that relate to public procurement and public-private cooperation.
- Pre-litigation negotiations and amicable settlement of disputes
- Precontractual/contractual referrals for public competitive bidding processes
- Public litigation for damages after the contract has been signed
- Claims for damages during the enforcement phase
- Claims related to public contracts and Government contracts
Public property law and public land
LexCase advises and represents its clients in both the public and private sectors with the management of the assets of public entities (cession of land, leases, roadway agreements, administrative emphyteutic leases, decommissioning and disposal of state-owned assets, etc.).
- Consulting on the management of public property and works
- Litigation relative to public land occupancy
- Eviction of occupants who have no right to public land
- Litigation regarding roadway and public domain offenses
- Litigation regarding damage to public facilities or works
- Acquisition, expropriation and preemption
LexCase advises companies in the private and public sectors, as well as public institutions, on all issues that require direct, constant contact with French public regulatory authorities responsible for highly technical matters (health, electronic communication, radio, animals, data protection, the fight against corruption, and immigration for business purposes).
- Preparation of authorization applications to administrative authorities
- Disputes regarding authorization refusals/administrative litigation
- Assistance with renewals
- Assistance with changes
Local authorities and the local public sector
LexCase has acquired specific expertise in all matters involving local authorities
- Local institutions and cooperation
- Contractual relations with satellite entities (SEM, semi-public corporation; SPL, local public corporation)
- Public procurement orders
- Public aids and grants
- CRC (regional audit court) audits
- Public finances and local budgets
- Management of general interest activities
- Strategies for contractual relations with the private sector
- Public law litigation relative to local public actions
Public law relative to healthcare products
The marketing of medicinal drugs, medical devices, vaccines, grafts, plant-based specialties and food supplements in France is highly regulated under public law: marketing authorization, regulated prices, terms of reimbursement, advertising approvals, etc. LexCase’s public law team, in collaboration with the healthcare industry, institution and products department, provides services for the entire sales and marketing process for healthcare products, and has specific legal expertise in the applicable regulatory and administrative environment.
This department’s practice covers issues that relate in particular to:
- Issuance, amendments and disputes relative to marketing authorizations
- Registration on the list of reimbursable drugs and products
- Evaluation and reevaluation of healthcare products
- Setting of prices and tariffs; price/volume agreements
- Originator/generic conflicts
Issuance of approvals, control over advertising, and financial penalties
- Negotiations with healthcare authorities (HAS, the French health authority; CT, the HES’s transparency committee; CNEDiMTS, the French national evaluation commission for medical devices and healthcare technologies; CEPS, the French economic committee for healthcare products; ANSM, the French national agency for medicines and health products safety; ARS, the French regional health agencies)
LexCase also regularly organizes training on these topics on its LexFormation platform.