We explain to you why Olivier Dussopt is appearing before the courts in a favoritism case

The Minister of Labor, who plays his place in the government, will have to respond from Monday, before the Paris criminal court, to suspicions of favoritism linked to a public contract awarded in 2009.

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The Minister of Labor, Olivier Dussopt, at the Economic, Social and Environmental Council (Cese), October 16, 2023. (MIGUEL MEDINA / AFP)

After Eric Dupond-Moretti, another minister in office is called to explain himself to the courts. The Minister of Labor, Olivier Dussopt, is summoned to appear before the Paris criminal court from Monday, November 27, for suspicion of favoritism linked to a public contract awarded in 2009, which he disputes.

Olivier Dussopt is suspected of communicating privileged information concerning a call for tenders, for the benefit of the water treatment group Saur, when he was MP and PS mayor of Annonay (Ardèche). He is also accused of having changed the evaluation criteria of this call for tenders, relating to a market worth 5.6 million euros, by reducing the importance given to the price to favor this company, holder of a public service delegation to manage the town’s water since 1994, but more expensive than competing companies.

At the forefront of the media scene with the pension reform a few months ago, Olivier Dussopt has been very discreet about this legal affair. On the political level, he is also in retreat although he was initially supposed to defend the immigration bill with the Minister of the Interior, Gérald Darmanin. Franceinfo explains to you why Olivier Dussopt, who faces up to two years in prison and a fine of 30,000 euros, is facing justice.

A case which begins with revelations from Mediapart in 2020

The case begins with the publication of an article by Mediapart, in May 2020, revealing in particular that a local manager of Saur offered Olivier Dussopt two lithographs by the painter Gérard Garouste, in 2017, when a new contract was about to be concluded between the municipality of Annonay and this company. At the time, the one who is Secretary of State to the Minister of Public Accounts assured the investigation site that he had “decided to return this gift as soon as possible”to avoid any controversy.

The National Financial Prosecutor’s Office (PNF) then opens a preliminary investigation for favoritism, but also corruption, illegal taking of interest, complicity and concealment of these crimes. These last four grievances were, however, closed without further action at the end of the investigation.

The offense of favoritism finally retained by the PNF to refer the minister to court

At the end of its investigation, the PNF retained the sole offense of “favoritism” to refer Olivier Dussopt to the criminal court. In a summary note addressed to the minister’s lawyers, “the prosecution considers that there remains only one grievance, in this case a formal offense of favoritism in a 2009 public contract”detailed in February the minister at AFP. Olivier Dussopt then assured that the PNF “did its job and carried out an investigation and multiple investigations which brought to light five possible grievances”. According to him, the prosecution “considers that four out of five of these grievances have no substance and has closed them without further action”. Statements confirmed by the PNF to France Télévisions.

The minister will not be the only defendant during this trial. The former general director of Saur, Olivier Brousse, will appear on trial for complicity in favoritism. He also faces two years in prison and a fine of 30,000 euros. “He disputes the facts” And “will explain himself in court”assured his lawyer to AFP.

Saur, the third largest water company in France, prosecuted for concealment of favoritism, for its part risks a fine of more than 1.8 million euros. The company told AFP in February that it was considering “that this residual action against him, almost fifteen years after the events, is not justified”. She did not wish to make any further statement before the trial.

A very discreet minister, but constant on his line of defense

When the prospect of a trial was made public in February, the minister was at the forefront of the media scene, carrying the pension reform, an emblematic and contested text of Emmanuel Macron’s second five-year term. The Prime Minister, Elisabeth Borne, then renewed her confidence in him, as did the President of the Republic. Emmanuel Macron expressed his “full support” during the Council of Ministers on February 8.

Since the start of the school year, Olivier Dussopt has been discreet as his trial approaches. He just repeated his line of defense, constant since February, on France 3 at the beginning of November: “We are talking about an investigation which was closed for 80%. Four points out of five were closed, one remains, on a market from 2009, 14 years ago. I am going to court to convince of my good faith . I convinced the prosecution on the first four points, I wish to convince them on the fifth.”

On the merits of the case, in February he assured France Inter than what he did”was part of a single objective concerning the town of Annonay: to ensure that it kept a campaign promise which was to go to management and ensure that the price of water was lowered for Annoneans.” Contacted by AFP, his lawyer said he did not wish to comment before the hearing.


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