“Public law has become a structuring tool in many projects and investments.”
Today, it goes far beyond the scope of administrative law and litigation to embrace a much broader dimension at the heart of economic and environmental life.
We have understood and anticipated these developments and assist all stakeholders, whether public authorities, companies, financial institutions or foreign States, within the framework of a global, transversal and operational approach to all aspects and issues of public law.
Our team has developed a practice particularly dedicated to energy, environment, urban planning and development, enabling us to assist you in obtaining the administrative authorizations you need and in the regulatory audits that may be required.
Our practice in public economic law, regulated sectors and public services, allows the firm to regularly provide its expertise in public contracts and complex contractual arrangements to major industrial groups, banking institutions, service operators, the State, local authorities and public companies, in France and abroad, both for public contracts and procurement, concessions – public service delegations, and the various forms of public-private partnerships (PPP), and contracts for occupying the public domain (temporary occupation permits, administrative emphyteutic leases).
We also work alongside the firm’s financing, corporate and real estate teams on acquisition or project financing transactions, conducting audits, particularly environmental audits, and advising you on all public law aspects of your development projects (administrative, environmental or urban planning authorizations, for operations involving the establishment of industrial or commercial sites, etc.).
To advance your projects and secure them, you can count on our proven experience, our technical rigor and our perfect knowledge of the workings of public institutions and authorities.
PUBLIC CONTRACTS & PUBLIC PROCUREMENT
- Public procurement law :
Our Public Law team has recognized expertise in public procurement law, particularly in assisting both private operators and public purchasers (State, local authorities, public establishments, semi-public companies, local public companies, etc.) in the award and performance of all types of public contracts, as well as in litigation before the administrative and commercial courts. We are particularly involved in the structuring and setting up of public/private projects, at the stage of setting up local public companies or semi-public companies, in the awarding of public contracts, as well as in the monitoring of these contracts.
Our transversal expertise allows us to assist our clients in complex public contracts involving a wide range of legal fields (environment, energy, transportation, etc.).
- Public contracts :
- Public procurement (Amended procedure contracts (MAPAs), formalized procedures, etc.) ;
- Concessions (public service contracts, service and works concessions, leasing, management) ;
- Public-private partnership contracts ;
- Complex structures and public domain (administrative emphyteutic leases, temporary occupation permits), leases in future state of completion, transfer with charges, etc. ;
- Semi-public companies, local public companies, single-contract public-private companies; in-house exceptions ;
- Project management, negotiation ;
- Litigation concerning the award of public contracts (pre-contractual/contractual summary proceedings) ;
- Litigation concerning the execution of public contracts.
The Public Law team has a recognized practice in environmental law, particularly in the areas of ICPEs, waste, polluted sites and soils, water law, biodiversity - protected species, chemical products, CO2 emission quotas, etc.
The team assists numerous international industrial companies in operating their sites, complying with regulatory obligations and implementing their innovative projects, in order to contribute to the fight against global warming and to reduce their carbon impact in order to preserve the environment.
In the context of M&A transactions or company restructurings, the Public Law team has developed expertise in assisting with the transfer of industrial sites and the management of environmental liability. It also assists in the drafting of due diligences covering all aspects of environmental law.
In collaboration with our real estate team, it also provides expertise in regulatory areas such as impact studies and the management of air, water and soil pollution, as well as in the drafting and negotiation of leases and in the sale of real estate assets.
- ENVIRONMENTAL AUTHORISATION - ICPEs: WATER LAW
- Assistance in preparing and obtaining environmental authorizations ;
- Assistance in relations with the administration (public inquiry, consultation) ;
- Follow-up and assistance in the operation of ICPE sites ;
- ICPE litigation, water law, protected species.
- ENVIRONMENT AND M&A / REAL ESTATE
- Analysis of targets in acquisition projects ;
- Preparation of contractual documentation.
The Public Law team has a strong expertise in energy law, more specifically in the renewable energy and energy performance sectors, as well as in electric mobility.
Fully aware of the new growth sectors and in order to support energy transition, our Public Law teams actively participates in the development of the renewable energy sector (wind, photovoltaic, hydroelectric, geothermal, biomass, methanization - biogas), hydrogen, energy storage and new mobilities, by assisting public and private actors in the implementation of their projects (determination of the carrying structure, securing the land, filing the necessary administrative authorizations or in the context of applications for public support).
Acting in concert with the firm’s project finance and M&A team, our Public Law team is regularly commissioned by lenders and sponsors to conduct project audits in the context of project finance or M&A transactions involving energy assets.
RENEWABLE ENERGIES AND ENERGY PERFORMANCE
- Advice on regulatory aspects (installations, connection, production, etc.) ;
- Audit of renewable energy and energy efficiency projects ;
- Energy performance contracts; Green leases and environmental annexes, energy audits and energy performance diagnoses; energy saving certificates ;
- Electric vehicles and recharging infrastructures, production and distribution of hydrogen.
- Securing land ;
- Advice and regulatory support (administrative authorizations, impact studies, public inquiries, etc.) ;
- Litigation assistance.
URBAN PLANNING AND DEVELOPMENT LAW
The team’s knowledge and expertise in urban planning law and public property management completes the practice of the firm’s real estate team with an approach related to sustainable development and the ecological transition.
Our lawyers deal with all issues related to the filing and implementation of building permits and all forms of authorizations required for the conduct of real estate operations, whether for commercial or industrial premises or for housing.
- Urban planning and development
- Audit of building permits/urban planning authorizations ;
- Litigation of urban planning authorizations - PLU (local urban planning scheme) ;
- Assistance in the setting up of real estate and development operations ;
- Expropriation and right of pre-emption.
- Commercial town planning
- Assistance in the preparation of CDAC (Commercial operation authorization request) files and the evolution of CDAC authorizations.
- Public real estate
- Valuation of the public domain and setting up of complex real estate arrangements.
- Ecological and sustainable construction
- Assistance to project owners ;
- Construction litigation, particularly in relation to environmental performance and energy efficiency issues ;
- Assistance in the application of the tertiary sector decree and energy performance measures ;
- Green lease and environmental annex, energy audit and energy performance diagnosis.