TOULON: Maritime Service - The Métropole Reaffirms Its Authority and Points Out Shortcomings
Responding to positions taken by TLV, Métropole TPM clarifies the legal framework for the îles d’Or service and denounces a debt.
In response to the positions taken by the TLV company, the Métropole TPM clarifies the legal framework for the maritime service to the îles d’Or and denounces a debt. Tension is rising between the Métropole Toulon Provence Méditerranée (TPM) and the TLV company, the current concessionaire for the maritime link to the îles d'Or. Facing the carrier's recent media outings, the institution chaired by Jean-Pierre Giran wished to set the record straight this Wednesday, February 25, 2026. In a strongly-worded press release, the local authority recalls that, in its capacity as the mobility organizing authority (AOM), it is the sole guarantor of the smooth running of this vital public service for the territory, as well as the proper use of public funds.
The service, which links the mainland to the islands of Porquerolles, Port-Cros, and Levant, has been organized continuously since 1990, first by the commune of Hyères and then by the Métropole. These successive contracts are primarily aimed at guaranteeing territorial continuity throughout the year, meeting the needs of islanders and economic stakeholders, well beyond simple peaks in tourist attendance.
An imperative of fair competition
At the heart of this clarification lies a complex but crucial legal question for the future of the line: ownership of the fleet. The Métropole has indeed initiated an in-depth investigation to determine the exact status of the operated vessels. This approach aims to establish whether all or part of the fleet should be classified as 'biens de retour' (returnable assets), meaning they rightfully revert to the local authority at the end of the contract.
This analysis is not a matter of administrative zeal, but a legal obligation reinforced by a decision of the Conseil d'État handed down on July 17, 2025 (Société Jean Metz case law). This decision extended the scope of the 'biens de retour' regime. For TPM, the stakes are high: the goal is to ensure 'effective and transparent competition' for the award of the future public service delegation (DSP). Clearly, the legal classification of the vessels will determine the obligations of the future concessionaire, and the Métropole refuses to distort competition by allowing uncertainty to hover over the ownership of the boats, whose financing, it recalls, is 'indirectly insured by users through the cost of the ticket'.
Postponement of the deadline and continuity of service
Faced with this need for legal clarification, the renewal procedure for the DSP, which had been initiated, had to be interrupted. The Métropole chose legal safety by stopping the current process to avoid any subsequent procedural defect.
In order not to penalize users and to guarantee the continuity of the public service, the current agreement, which was initially scheduled to end on March 31, 2026, has been extended by one year. The service is therefore guaranteed under the same conditions until March 31, 2027, giving the administration time to resolve the issue of vessel ownership. The Métropole regrets that this process of alignment with the law has given rise to interpretations that it deems confusing.
A financial dispute of 570,000 euros
Beyond the technical aspects of the call for tenders, the Métropole TPM is taking advantage of this clarification to reveal a financial dispute opposing it to its concessionaire. The local authority points to behaviors deemed 'questionable' on the part of the TLV company.
According to the Métropole, the concessionaire is stubbornly refusing to pay part of the contractually agreed fee, 'despite its obviously surplus results'. The contract binding the two parties is said to be 'absolutely clear on this point' according to metropolitan services. The loss of revenue for the Var taxpayer is estimated at 190,000 euros per year. To date, the total sum claimed amounts to nearly 570,000 euros.
This dispute is not new, as the case is currently under investigation before the Tribunal administratif, brought by the TLV company itself on March 25, 2024. In this tense context, the Métropole reaffirms its total mobilization to 'guarantee the legal security of the public service and the preservation of taxpayer interests'.
Article written based on a press release sent to the editorial team