Council of State upholds spending threshold

The Council of State rejected Rapid.Space International’s appeal on October 29, 2026, regarding the spending threshold of more than 20 million euros required for pre-selection in the "Reinforcement of the Cloud Services Offer" call for projects.

Appeal based on equality and competition

Rapid.Space International argued that the threshold unfairly excluded smaller, less costly projects that still met the program’s goals. It claimed this violated principles of equality, freedom to operate, and fair competition.

Call for projects governed by decree

The call for projects is based on a decree from the Prime Minister on March 17, 2025. It requires candidates to meet a spending threshold and demonstrate a technological maturity level, or TRL, between 4 and 9 at the pre-selection stage.

Council of State supports program's goals

The Council of State emphasized that the France 2030 program aims to fund innovative projects that boost growth and economic resilience. It stated that the spending threshold, when compared to similar European programs, is not disproportionately high.

TRL range challenged for subsidy rules

Rapid.Space International also disputed the TRL 4 to 9 range, arguing it conflicted with European subsidy rules for research and innovation. The highest TRL level indicates a technology near commercial use, which may not align with strict European expense regulations.

Council of State clarifies eligibility

The Council of State explained that the program requires a certain level of project maturity but does not automatically make all expenses eligible for subsidies. Bpifrance is responsible for verifying which costs qualify under European rules.

Legal classification of the call for projects

Rapid.Space International claimed the call for projects should be classified as a public procurement, requiring greater transparency and competition. It argued this would impose additional obligations.

Council of State rejects procurement classification

The judges rejected this view, noting that companies themselves define their projects, target clients, and business models. Subsidies are not for state-specific services, and this distinction is outlined in the decision’s details.

Decision confirms program validity

The Council of State confirmed the validity of the contested criteria for the call for projects. It did not address the selection of specific companies or the amounts they might receive in subsidies.

Clarity remains for project proponents

For those proposing cloud projects, the decision reaffirms the clear boundaries between program eligibility, cost verification, and the final funding decision made by Bpifrance.