Décision judiciaire de Tribunal des Conflits, 6 juillet 2020 (cas Tribunal des Conflits, , 06/07/2020, C4191)
Date de Résolution: | 6 juillet 2020 |
Juridiction: | Tribunal des conflits |
Vu le mémoire, enregistré le 30 mars 2020, présenté par l'établissement public Cité de la musique - Philharmonie de Paris, venant aux droits et obligations de l'association Philharmonie de Paris, qui conclut à la compétence de la juridiction judiciaire pour connaître de l'action directe du sous-traitant par le motif que le marché de travaux a été passé par une association autonome agissant pour son propre compte ;
Vu le mémoire, enregistré le 14 mai 2020, présenté par la société Huet Location qui conclut à la compétence de la juridiction administrative par les motifs que l'association Philharmonie de Paris, contrôlée et financée conjointement par l'État et la ville de Paris, est transparente et que, subsidiairement, elle a agi au nom et pour le compte de ces deux personnes publiques ;
Vu les pièces desquelles il résulte que la saisine du Tribunal des conflits a été notifiée à la ministre de la transition écologique et solidaire et au ministre de la culture, qui n'ont pas produit de mémoire ;
Vu les autres pièces du dossier ;
Vu la loi des 16-24 août 1790 et le décret du 16 fructidor an III ;
Vu la loi du 24 mai 1872 ;
Vu le décret n° 2015-233 du 27 février 2015 ;
Après avoir entendu en séance publique :
- le rapport de Martine Taillandier-Thomas, membre du Tribunal,
- les observations de la SCP Potier de la Varde, Buk-Lament, Robillot pour la société Huet Location ;
- les observations du Cabinet Briard pour l'établissement public Cité de la musique - Philharmonie de Paris, venant aux droits et obligations de l'association Philharmonie de Paris ;
- les conclusions de Nicolas Polge, rapporteur public ;
Considérant ce qui suit :
1. L'association Philharmonie de Paris, aux droits de laquelle vient l'établissement public de la Cité de la musique-Philharmonie de Paris qui lui a succédé en 2015, a signé, le 25 janvier 2011, avec un groupement d'entreprises constitué par les sociétés Bouygues Bâtiment Île-de-France, Belgo-Metal et Kyotec Group, un...
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