Décision judiciaire de Tribunal des Conflits, 8 février 2021 (cas Tribunal des Conflits, , 08/02/2021, C4201)
Date de Résolution: | 8 février 2021 |
Juridiction: | Tribunal des conflits |
Vu, enregistré le 4 novembre 2020, le mémoire présenté pour la société Entropia Conseil, tendant à ce que la juridiction judiciaire soit déclarée compétente, par les motifs que le juge judiciaire est en principe compétent pour connaître des actions en réparation consécutives à des pratiques anticoncurrentielles et que la circonstance que le contrat liant les parties antérieurement ait un caractère administratif ne suffit pas à attraire le litige à la compétence administrative ;
Vu les pièces desquelles il résulte que la saisine du Tribunal des conflits a été communiquée à la SNCF, à SNCF Réseau, à la ministre de la transition écologique et au ministre de l'économie, des finances et de la relance, 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 ;
Vu le code de commerce ;
Après avoir entendu en séance publique :
- le rapport de M. C... B..., membre du Tribunal,
- les observations de la SCP Boré, Salve de Bruneton et Mégret pour la société Entropia Conseil (SASU),
- les observations de la SCP Spinosi, Sureau pour SNCF Réseau,
- les conclusions de Mme A... Berriat, rapporteur public ;
Considérant ce qui suit :
1. La société Entropia Conseil, qui a réalisé des prestations au bénéfice de l'établissement public SNCF Réseau sur la base de bons de commande régis par les stipulations du cahier des clauses et conditions générales applicables aux marchés de prestations intellectuelles du groupe SNCF, a saisi le tribunal de commerce de Paris, le 24 janvier 2018, d'une action, dirigée contre SNCF Réseau et la SNCF, tendant à la réparation du préjudice qu'elle estime avoir subi du fait de la rupture brutale de la relation commerciale établie entre elle et SNCF Réseau. Par un jugement du 17 décembre 2018, le tribunal de commerce de Paris a jugé mal fondée l'exception...
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