Second part of the case involving the large stadium. Pierre Breuil, the Prefect of Alpes-Maritimes, echoes a municipal opposition councilor, Jean-François Knecht, in calling not only for the suspension but also the cancellation of the construction contract. A reset and a new real estate dispute within a city hall in turmoil.
The reasons for stopping the construction are not so obscure. The Departmental Prefect requires, by way of a legal injunction, the suspension and cancellation of the large stadium project, citing numerous questionable issues. Among them, three fundamental challenges.
According to the procedure, neither the names nor the contents of the bids should be disclosed before the final concession of a Public Service Delegation (DSP) contract. However, the press had repeatedly reported on the progress of the DSP. It disclosed, for example, the names of the two candidates, their respective offers, and the details of the file. This constitutes a violation of the confidentiality obligations imposed by the tendering legislation.
Another challenge involves the initial specifications, which defined the famous boundaries of the future stadium. Pierre Breuil observes that these were not adhered to. The original construction cost is thus distorted. Going further, the Prefect of Alpes-Maritimes points out “a lack of legal basis.” Specifically, the absence of determination of the charges to be borne by the users. Moreover, the contract violates the provisions of Article L 1411-2 of the General Code of Local Authorities which states: “The convention stipulates the rates charged to users and specifies the impact on these tariffs of parameters or indices that determine their evolution.” For the city council, stipulating does not equate to obligating. Thus, a new semantic match is about to be engaged on the field of an already started construction site.
Excavators and other bulldozers have been treading the grass of the Var plain for two months. In haste, the concessionaire, “Cari-Spada,” has performed street insulation, soil surveys, and land movements, all before the deliberation of a building permit. Jean-François Knecht thus fears another legal action, this time against the concessionaire.
But above all, the councilor points out the process of awarding the Grand Stadium project. Jean-François Knecht observes that the first half of the award took place under the spotlight. The second, however, has a hidden side, as no written report was drafted following the final decision. “As for the two-stage deliberation, the Sapin Law was respected. But, in the case of the Grand Stadium, it’s complete obscurity, the most absolute non-transparency,” declares the municipal councilor.
A €180 million project is now in the hands of the Administrative Tribunal, which has scheduled a hearing for August 1, 2006. It is expected to rule within the 72 hours that follow.
Yellow card or red card? In any case, both the plaintiff and the defendant are already planning to appeal. And the project of the Grand Stadium seems indeed doomed to start from scratch.
