Question 14116 — public procurement

Summary

Ms. Claire Marais-Beuil draws the attention of the Minister of the Interior to the legal and economic consequences of the possible qualification of casino buildings as “returnable goods” in the context of gaming concessions. Following a ruling by the Council of State of July 17, 2025, certain local authorities consider that the buildings in which casinos are operated could be qualified as property returning to the term of the concessions, even though these buildings are, in many cases, owned by third party companies distinct from the operator. This interpretation raises serious concerns within the casino sector, which fears a challenge to the right of ownership and the economic balance of many concessions. These concerns have recently been reinforced by the situation that occurred in Berck-sur-Mer. The municipality, with the assistance from State services, proceeded on February 18, 2026 to take possession of the building housing the casino's activities, even though two decisions of the civil court prohibited the municipality from taking possession of the building personally or through an intermediary person and authorized the operating company to retain the keys, access and use of it. Furthermore, the administrative court rejected a request from the common aim of obtaining the assistance of the public force. Such a situation raises serious questions about respect for property rights and legal certainty in the context of gaming concessions. It also raises significant legal and economic difficulties for the entire casino sector, whose model is frequently based on a dissociation between the operator of the concession and the owner of the walls. In this context, players in the sector fear an increase in this type of dispute, likely to affect the economic balance of current concessions, the conditions for awarding future concessions and, more broadly, the sustainability of real estate investments linked to the operation of French casinos. In this context, players in the sector are warning of the risks of extending such situations to other areas. establishments in France, which could weaken an economic model which contributes to tourist activity, local employment and tax revenues of local authorities. Also, she asks him to please clarify the Government's position on the legal interpretation resulting from the judgment of the Council of State of July 17, 2025 and to indicate whether measures, particularly of a legislative nature, are envisaged in order to clarify the regime applicable to buildings housing casinos operated within the framework of gaming concessions, so as to guarantee the legal certainty of communities as well as operators and owners of the buildings concerned.

Machine translation from French. The official text remains authoritative.

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