Court annuls maritime service contracts

The administrative court of appeal in Marseille has annulled five public service delegation contracts between the Corsican Collectivity and two ferry companies, Corsica Linea and La Méridionale. These contracts, covering maritime routes between Marseille and Corsican ports, were signed for the years 2019-2020 and 2021-2022.

Legal challenge by Corsica Ferries

The annulment follows a lawsuit filed by Corsica Ferries, a competing ferry company. Earlier rulings in favor of Corsica Ferries were dismissed by lower courts, but the Marseille court has now overturned those decisions, leading to the annulment of the contracts.

Reason for annulment

The court cited procedural issues related to the notification of the public service delegation to the European Commission. Specifically, certain parts of the 2021-2022 contracts were not notified, and the notification for the 2019-2020 contracts was delayed. Despite this, the court acknowledged the necessity of the maritime service during those years.

Financial implications

The annulment raises questions about the nearly 70 million euros paid to Corsica Linea under the 2019-2020 contracts. The court has ordered the Corsican Collectivity to recover these funds from the companies involved, though the process may be complex.

Legal next steps

Both the Corsican Collectivity and Corsica Ferries have two months to appeal the decision to the Court of Cassation. The Collectivity also plans to take the case to the Council of State, rejecting the current outcome as final.

Current public service agreement

Jean-Félix Acquaviva, president of the Corsican Transport Office, emphasized that the current public service delegation for the period 2023-2029 has been recognized by the European Commission. This strengthens the ongoing arrangement and distinguishes it from the annulled contracts.