The Council of State (“Conseil d’état”) overturned on November 6 the decision of the administrative court of appeal of Marseille which had condemned the Collectivity of Corsica to pay “a provision of 20 million euros” to Corsica Ferries for a loss because of unfair competition.
According to the decision of the Council of State, the judge of the administrative court of appeal of Marseille “committed an error of law” by ruling acceptable the request of Corsica Ferries for a provision of 30 million (but judge only accepted 20 million).
The Collectivité de Corse was ordered in 2017 to pay 84.3 million euros to Corsica Ferries in compensation for the damage resulting from the payment of subsidies to SNCM and CMN (2007-2013).
On appeal, the administrative court had however suspended the payment of compensation decided at first instance, specifying that the amount of this damage would be fixed after an expertise. In its order of June 4, 2020, the Administrative Court of Appeal specified that an expert report assessed an amount between 91.1 million euros and 100.3 million euros “the net profit of which the company Corsica Ferries has been denied”. An amount contested by the Collectivity of Corsica.
