Lmt Avocats’ public law team assists public entities and their affiliated bodies (local authorities, public institutions, state-owned companies, etc.) as well as private operators in their relations with the administration.
Our lawyers act both as consultants (legal advice, audit, drafting of contracts, etc.) and litigation attorneys (appeals for abuse of power, contractual litigation, liability litigation).
With public entities, Lmt Avocats’ practice covers all areas of administrative law and the day-to-day management of their services, whether it concerns questions of civil service law or administrative liability.
The public law team deals with cases relating to the construction of public works and buildings and assists its clients in the awarding - in particular the competitive dialogue procedure - and execution of contracts (public contracts, public works concessions, public service delegations and complex contractual schemes such as partnership contracts) as well as in all issues relating to environmental law and the occupation of public property/public areas.
Our team also frequently assist investors in renewable energy projects (photovoltaic or wind energy) or electronic communications.
The team’s lawyers work in both French and English and, in the cross-cutting area of public law, benefit from the very strong expertise of the other teams at Lmt Avocats (fields of practice: labour, tax, corporate/contracting and intellectual property and information technology...).
What we do
General administrative law: support in relations with administrations, litigation proceedings concerning the lawfulness of administrative decisions and concerning administrative liability.
Public domain law: advice and support on matters relating to authorisations and agreements for occupying public property/public areas.
Public contract law: services covering the award and execution of public contracts and public-private partnerships, support in pre-contractual and contractual litigation.
Regulation of economic activities/businesses:
Network activities law: advice on electronic communications, energy law, legal audit of projects on behalf of lenders and operators.
Advice on public competition law and state aids.
Representation of clients in proceedings before independent administrative authorities.
Awarding and drafting of contracts: public works contracts, contracts of private operators (project owner, project manager, constructors, subcontractors, etc.), contractual documentation (CCAP - Administrative Special Conditions of Contract, CCTP - Special Technical Specifications).
Contract execution: support in relations between the various stakeholders and financial execution.
Advice on decennial and contractual liability.
Support in judicial and administrative litigation proceedings related to the award and performance of contracts.
Advice on installations classified for environmental protection (ICPE).
Advice on waste regulation, quarry law.
Support in litigation proceedings relating to administrative and criminal liability and to sites protection.
Among our files
- Counsel to a public transport leader in the management of a concession (volume evaluation, remuneration, restructuring of the VAL network);
- Counsel to frontage residents of a landfill, in connection with an action for damages caused by public works;
- Counsel to Outre-Mer télécom in the development of its network in the French West Indies (various negotiations, ARCEP, litigation proceedings);
- Counsel to an operator of optical fibre networks in the context of legislative and regulatory changes resulting from the national high speed broadband plan;
- Counsel to a motorway company on the installation of a photovoltaic power plant on the motorway estate;
- Counsel to a developer in obtaining the necessary administrative authorizations for the reconfiguration of a tower in Courbevoie;
- Counsel to a silo operator in the management of a site in Corbeil Essonnes, litigation which has given rise to two decisions of the French Conseil d’Etat (CE, section, 22/10/2004, standing of the neighbours of an ICPE; CE, 13/07/2012, enforcement of order dated 29 July 1987 and determining of separation distances;
- Counsel to the first oil producer in France for the challenge of a circular from the Ministry of the Environment and Sustainable Development, and the renewal of a concession;
- Counsel to several oil producers on the reform of the Mining code;
- Counsel to a theme park on the ICPE present on the site;
- Counsel to a company specialized in the installation of elevator equipment for the collection of its invoices;
- Counsel to one of the European leaders in wind turbine construction.