Standoff between Transdev and the Agglo of Nîmes on the transport market: the administrative court has delivered its verdict

La décision, attendue d'ici la fin de la semaine, est finalement tombée ce mercredi. Midi Libre – MiKAEL ANISSET

L'audience s'était tenue ce mardi 5 mars. Transdev souhaitait faire annuler la procédure de mise en concurrence sur la délégation des services publics des transports urbains de l'Agglo.

The response was expected for the weekend, but it ended up coming much earlier than expected. While the current delegatee, Transdev, had requested the cancellation of the competitive bidding procedure for the delegation of the urban transport public services of the Agglo, the judge in summary proceedings ruled his verdict this Wednesday, March 6. 

The Agglo reinforced in the "goodness" of his approach

This new round in this standoff between Transdev and Nîmes Métropole thus turns in favor of the latter, rejecting Transdev's request. "Today’today , the decision rendered by the administrative court reassures us of the merits of our approach and silences all criticism of our management of this file, estimate Franck Proust, president of Nîmes Métropole, Jean-Marc Campello, deputy vice-president for mobility and transport infrastructure and Claude de Girardi, member of the office responsible for urban and peri-urban road passenger transport.

The court thus specifying that Transdev, which indicated that it had been prevented from applying due to the estimate given by Nîmes Métropole, considered too low, &quot ; could not be mistaken about the estimated scope of the sum of 287 M€, sum corresponding to the estimated value of the concession contract as defined in the aforementioned article R. 3121-1 of the public procurement code& ;quot;. And that it "is not justified in maintaining that the indication by the community
of Nîmes Métropole agglomeration of this amount was likely to dissuade her from applying due to its imperative nature.

Transdev, "cannot rely on the principles of transparency and equal treatment due to candidates alone"< /h2>

Thus, for the Administrative Court, "the company Transdev, which voluntarily declined to participate in the tender procedure launched by the Nîmes Métropole agglomeration community, can no longer usefully avail itself of the principles of transparency and equal treatment due only to candidates for this procedure. Concluding that the ;#39;estimate, according to the vision of Nîmes Métropole cannot be considered erroneous and that the financial conditions of the contract remaining subject to negotiation are not likely to call into question the balance of the contract.< /p>

"We can now move forward calmly to ensure the continuity of public service and implement
places a new delegate who will live up to the objectives that we have set for ourselves, say Franck Proust, Jean-Marc Campello and Claude de Girardi.

The Agglo de Nîmes should therefore represent in council, on March 25, a deliberation posing Keolis as the new delegatee.