The insurance contract put to the test by the administrative judge

For as long as we can remember, insurance policies taken out by public-sector entities have been governed by the French Insurance Code. The rules of the French Public Procurement Code therefore did not apply. Consequently, the insurance contract, a private law contract, was deemed incompatible with the Public Procurement Code, and came under the sole jurisdiction of the courts. Legislation then came in to change this state of affairs, bringing insurance contracts into the public domain and within the jurisdiction of the administrative judge. The gradual development of the public insurance contract regime is taking place in a complex, ever-changing legal context, at the junction of Community law, constantly evolving administrative law and insurance law. The complexity of such a combination, and even the contradiction between the rules, is the source of many difficulties.