Section 6: Energy

Articles in this section · 8

Article L2224-35

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

Any electronic communications operator authorised by a local authority, by a public cooperation establishment competent for public electricity distribution, or by a public electricity distribution network operator to install a non-radioelectric overhead structure on a public electricity distribution network overhead line support shall, if this overhead line is replaced by an underground line at the initiative of the aforementioned local authority or institution, to replace its entire overhead line using the part fitted out for this purpose in the underground structure built to replace the common overhead structure. The common civil engineering infrastructures created by the local authority or public cooperation establishment belong to them.

The electronic communications operator shall bear the costs of removing, reinstalling underground and replacing electronic communications equipment including in particular cables and the corresponding design and engineering costs. It shall be responsible for the maintenance of its equipment. An order of the ministers responsible for electronic communications and energy determines the proportion of earthworks costs borne by the electronic communications operator.

The reception infrastructures and electronic communications equipment, in particular the ducts and drawing chambers, may be partially or fully paid for by the local authority or public cooperation body, which then has a right of use or ownership of these infrastructures under conditions set by the agreement provided for in the last paragraph. If the local authority owns the infrastructure, the operator then has a right of use to re-establish its existing lines.

An agreement concluded between the local authority or public cooperative establishment and the electronic communications operator sets out the terms and conditions for the construction and, where applicable, occupation of the shared facility, in particular the responsibilities and financial participation of each party, based on the principles set out above, and indicates the amount of the fee that it may have to pay for occupying the public domain.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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