France - Legal Services

Description

The legal services include:- legal representation (litigation) and related advisory services;- advisory and legal information services.
This lot covers the provision of advice on energy law relating to the following areas:- provisions relating to public distribution system operators;- regulatory law in the energy sector;- rules relating to access to the public electricity network;- all other matters relating to the application of the energy code. This lot covers legal representation and advice before the CoRDiS in matters of dispute settlement and sanctions, as well as before the Paris Court of Appeal in the event of an appeal against CoRDiS decisions. This work package includes legal advice and representation in the field of competition law, which covers anti-competitive practices (cartels, abuse of dominant position), merger control and state aid control.Thus, this work package includes in particular:- All matters relating to anti-competitive practices, including assistance to the Company in the context of proceedings conducted by the European Commission and the Competition Authority or the DGCCRF, whether at the stage of investigations (including inquiries) or subsequent proceedings before these authorities and the European and French courts;- Litigation relating to compensation for anti-competitive practices, in claim or defence;- Merger control: Assistance to the Company in (i) the identification of the competition authorities competent to hear a given merger (European Commission, Competition Authority or any other national competition authority) as well as in (ii) the preparation of subsequent merger notification files;- All legal issues related to the European Commission's state aid control procedure. This work package includes legal advice and representation in the field of unlisted companies, which covers in particular:1. Corporate operations, such as creation, mergers, demergers, transfers of assets/liabilities, capital operations, insolvency proceedings and dissolution/liquidation:- Advice and assistance in the negotiation and drafting of legal documentation in connection with the above-mentioned operations (articles of association, shareholders' agreement, LOI, memoranda, etc.)This work package requires a particular knowledge of the rules applicable to companies directly or indirectly owned by the French State, as well as the ability to assist the company in complex restructuring operations.2. Corporate life:- Relations between the various stakeholders of the company, in particular shareholders, members of the Management Board, members of the Supervisory Board, managers, as well as between the company and third parties, such as subsidiaries or holdings, directors of subsidiaries (governance issues, liability, rights and obligations of corporate officers.):Advice and analysis in connection with the above issues;Advice and support in pre-litigation or litigation in connection with the above areas).3. Collective proceedings involving Enedis as a co-contractor or creditor. This lot covers the services, as defined in paragraph 2 of this document, in the fields of activity relating to insurance law, and in particular advice and litigation relating to the following areas:- Civil liability insurance,- Industrial risks,- Damage insurance,- Professional liability insurance. This lot covers advice on the law of obligations, which is understood to cover both contractual and extra-contractual liability law, as well as general law and special contract law, except for aspects specifically relating to public procurement law (lot 20).Thus, this work package covers all of the Company's contractual and extra-contractual relations, and in particular:- Purchase contracts specific to a given case and all the standard contracts or clauses necessary for all areas of purchasing (in particular IT and telecoms contracts, network works contracts and tertiary contracts), in particular the general terms and conditions of sale or purchase:- Legal issues specific to relations with suppliers and service providers, such as subcontracting, the brutal rupture of established commercial relations, etc.All other types of contracts: transactional protocols, partnerships, confidentiality agreements, etc,- Contracts relating to advertising law, sponsorship, patronage, sports law, in particular sponsorship operations, image rights, audiovisual law. This lot includes advice on consumer law, mediation and disputes between consumers and professionals in the field of energy. This lot covers legal representation and advice in legal disputes, which in particular covers the following areas:- Legal or commercial disputes involving Enedis as defendant or plaintiff,- Pre-litigation legal or commercial disputes involving Enedis as defendant or plaintiff,- Settlement protocols in the context of legal or commercial disputes involving Enedis as defendant or plaintiff.This work package does not include litigation relating to collective proceedings included in the company law work package (work package 4), intellectual property (work package 12), "litigation without major stakes" (work package 10), "litigation specific to public procurement law" (work package 20) and "technical legal litigation" (work package 15) This lot covers legal representation and advice in legal disputes, which includes in particular the following areas:- Legal or commercial disputes involving Enedis as defendant or plaintiff- Pre-litigation or commercial disputes involving Enedis as defendant or plaintiff- Settlement agreements in the context of legal or commercial disputes involving Enedis as defendant or plaintiffThe stakes are considered as "no major stakes" when the financial stakes are <50M€ as defendant and <10M€ as plaintiff) or in the absence of any media impactThis work package does not include litigation relating to collective proceedings included in the company law work package (work package 4), intellectual property litigation (work package 12), "litigation with major stakes" (work package 9) and "technical legal litigation" (work package 15). This lot covers legal services in trademark law, including:- Prior art searches and related analyses,- Management of a trademark portfolio,- Management of opposition proceedings before the INPI or the EUIPO,- Assistance and representation in litigation or pre-litigation in trademark law. This lot covers legal advice and representation in intellectual property law, namely: - industrial, literary and artistic property, - patent litigation, - domain name law. This package includes the services governed by the regulated activity of Industrial Property Attorneys, who are specialists in Industrial Property and belong to a regulated profession. Only qualified persons officially registered on a national list held by the INPI are authorised to practise under this title.the services may include emergency legal assistance in the event of investigative measures (seizures for infringement, etc.). This lot covers advice and legal representation in the fields of activity relating to information technology law, namely: digital law; telecommunications law; information systems law and personal data law. The services may include emergency assistance in the event of investigative measures (counterfeit seizures, CNIL inspections, etc.) or incidents in the company's IS. This package includes legal advice and representation in "technical legal disputes", i.e. involving technical and/or financial legal expertise. This work package includes advisory services in financial law, which require in particular- Expertise in advising companies issuing debt on the markets,- Expertise in structuring and issuing bonds in all forms (simple and complex),- Expertise in issuing debt on the French or international market,- Expertise in corporate finance, Knowledge of the energy sector and related legal issues,- Ability to work in English and in particular the ability to draft contractual legal documentation in English. This lot covers advice and legal representation services in criminal law with a high stakes (media, financial...), including business criminal law cases.The main purpose of the contractor's mission will be to provide advice, legal assistance and legal representation for ENEDIS and its managers, delegated authorities, before the criminal courts for cases expressly targeted by ENEDIS because of their national interest in the context of litigation in business criminal law or environmental criminal law.This lot covers the assistance and representation of ENEDIS and its delegated managers in criminal litigation, whether in the investigation phase before the judicial police officers, the Public Prosecutor or his delegate, the examining magistrate or in the judgment phase before the French criminal courts. This lot also includes actions, including legal actions, carried out on the basis of the 1881 press law or media law. This lot includes legal advice and representation services in criminal law, for cases not covered by the "criminal law with significant stakes" lot.The main purpose of the contractor's mission will be to provide advice, legal assistance and legal representation for ENEDIS and its managers, delegated powers, before the criminal courts.This lot covers the assistance and representation of ENEDIS and its managers, delegated powers, in matters of criminal litigation, whether in the investigation phase before the judicial police officers, the Public Prosecutor or his delegate, the investigating judge or in the trial phase before the French criminal courts. This work package covers legal advice and representation in the field of electricity distribution concessions, including expertise in the following areas:- General law on concessions (European and domestic law), with a good understanding of the associated accounting issues;- Specificity of electricity distribution concessions in the context of a monopoly (financial balances, SDI/PPI, end-of-contract indemnity, etc.);- Expertise in the negotiation of contracts with the public authorities, with a view to the implementation of the concession agreementAbility to answer specific questions concerning the concession sector (various fees, legal qualification of assets, limits of the DSO's field of intervention, etc.);- Concession litigation. This lot covers advice and legal representation, as well as litigation, for all matters relating to the specificities of public procurement law, the Company being, as a public company with a network activity, a contracting entity falling within the scope of the public procurement code.The services cover in particular:- the preparation and implementation of procedures for the award of contracts,- appeals against the award of contracts (in particular pre-contractual and contractual interim measures),- the performance of contracts and all obligations subsequent to their signature (in particular the rules relating to the amendment of contracts, subcontracting, the retention of contract documents, the provision of essential data.All litigation of full jurisdiction (in particular the "Tarn et Garonne" appeal) linked to the award of contracts subject to the Public Order Code. This lot includes the services defined in paragraph 2 of this document and relating to public business law and, in particular, advice and litigation relating to the following areasPublic enterprises and local companies (SEM, SPL, etc.): governance, transfer/acquisition operations, contracts;- Management methods for public services;- Administrative responsibility;- Public services;- Relations between the administration and the public;- Law on public works and public property (law on public works, public works, law on public property (definition, use), expropriation, electricity network, fees for public property);- Law on local authorities (law specific to municipalities, departments and regions (functioning, competences, elections, etc.), law on inter-municipal cooperation, etc.).Urban planning law (urban planning permits (PC, development permits, prior declaration, etc.), easements, development (PLU, ZAC, etc.), various procedures relating to urban planning law. This work package covers services relating to environmental law, and in particular advice and litigation relating to the following areas:- Administrative authorisations and special policies, including in particular: ICPE, IOTA, other aspects of environmental authorisation;- Environmental liability: directive 2004/35, civil liability (moral prejudice to associations, ecological prejudice, group action, neighbourhood disturbances);- DT-DICT;- Sectoral regimes: noise, chemicals, biocides, REACH, pressure equipment- Polluted sites and soils:O Support in the definition of strategies for the development of this type of asset, support in the drafting of environmental clauses, guarantees, restrictions on use and public utility easements;O Support in the company's relations with the administrative authorities competent in environmental law. This lot covers services in the areas of activity relating to:- the law on structures,- requests for the relocation of electricity distribution structures,- analysis and litigation of road regulations. This lot covers services in the areas of activity relating to pre-litigation and litigation with users (producers, consumers, suppliers) of the network, relating to the following areas:O connectionO invoice disputes originating from the network (metering malfunctions in particular) This lot covers services in the areas of activity relating to the performance of contracts concluded by Enedis with its suppliers, in particular for its electrical work.The execution of these contracts may lead to disputes concerning the interpretation of contractual clauses, their execution, the invocation of the contractual liability of Enedis or the service provider, etc. This lot covers services in the areas of activity relating to leasing law for high-stakes cases (strategic, financial or image-related), and/or relating to complex real estate operations, in particular:- residential leases;- commercial leases;- leases in the future state of completion (BEFA), including issues relating to the construction part;- any mandate relating to these contracts. This lot groups together services in the fields of activity relating to leasing law for current files without particular stakes, and not raising complex legal problems, in particular:- Residential lease;- Civil lease;- Loan for use;- Commercial lease;- Lease in Future State of Completion (BEFA), including the problematic related to the constructive part;- Any mandate relating to these contracts. This lot includes services in the fields of activity relating to the sale, acquisition and structuring of real estate operations, and in particular:- Real estate acquisitions/transfers, contributions, exchanges, including any related mandate;- Sale in the future state of completion (VEFA);- Structuring of complex real estate operations (development project, volumetric division, co-ownership, etc.);- All the services relating to the sale of real estate.All leases constituting real rights of occupation (long leases, construction leases, etc.). This lot covers services in the fields of activity relating to construction, and in particular:- Works contracts, Property Development Contracts (CPI, etc.);- Contracts for project management;- Contracts for delegated project management;- Contracts for project management assistance;- Preventive referrals;- Construction liability and guarantees. This lot covers consulting services and monitoring of litigation in the legal and regulatory areas of health and safety as defined by the Labour Code. Knowledge of the specific technical regulations applicable to our businesses (DTDICT, CPP, etc.) is required.capable of measuring and integrating Enedis' clear desire to ensure maximum safety for all operations for its employees and third parties, the contractors must also understand the social and/or industrial issues that may arise from the subjects, particularly with regard to the specific technical features of our businesses.the contractors must have in-depth knowledge of the health and safety regulations of the French Labour Code and those specific to our businesses. They must also have a good understanding of the various players involved in the CARSAT and the Labour Inspectorate, and must have a good knowledge of the IRP law and criminal labour law. This lot covers services in the fields of activity relating to employment law, and thus concerns cases involving legal issues (advice or litigation) that are of importance to the company's strategy or that have a high financial or image impact. This lot covers essentially the following areas: staff representative institutions, professional elections, collective bargaining, trade union rights, right to strike, discipline, working hours, hygiene, health, safety, employment contracts, remuneration, discipline. This work package covers services in the fields of activity relating to employment law, including labour law but also social security and social protection law.Thus, this work package covers current cases without any particular issue and not posing any question of principle (classic prudhommaux cases, for example), essentially in the following areas: staff representative bodies, professional elections, collective bargaining, trade union rights, right to strike, discipline, working hours, hygiene, health, safety, illness, maternity, provident fund, employment contract, remuneration, employee savings, professional training, retirement, disability, old age, death. This work package concerns legal issues (advice or litigation) that are important for the company's strategy or that have a strong financial or image impact. This work package essentially covers the following areas: employee savings, professional training, sickness, maternity, retirement, disability, old age, death, URSAFF, etc. This work package also covers the monitoring of disputes falling within the remit of the Social Security Division of the Court of First Instance (general social security litigation - work-related accidents, occupational illnesses, FIE, etc.) and technical social security litigation) throughout France. The Titulaires act as legal representatives, in respect of the cases entrusted to them, before the Court of Cassation in matters of social law and social security law. They are also competent to advise on any litigation that may be assigned to them. The Account Holders act as legal representatives, in respect of the matters entrusted to them, before the French High Courts (Court of Cassation, Council of State, Court of Conflicts) in all the fields of law covered by the specifications, with the exception of the fields covered by lot 57. They are also competent, in terms of advice, in any litigation that may be entrusted to them.

Opportunity closing date

25 June 2021

Value of contract

to be confirmed