CASE COMMENTS: PUBLIC DOMAIN - PUBLIC DOMAIN OCCUPATION

Telecommunications - Fees charged for public domain occupation: The Paris Administrative Court of Appeal reviews the fees charged for public domain occupation with regard to the specific advantage which results from private use of the public domain and to allegation of abuse of a dominant position (RTE EDF Transports ; Viatel Opérations)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In a context where managers of the public domain are trying to derive maximum revenue from it, the imprecise or incomplete nature of the texts governing the level of charges for occupying this domain, for the deployment of infrastructure networks, creates legal uncertainty that is detrimental to the occupants of this domain. Although, in the case of operators of electronic communications networks open to the public, Decree No. 2005-1676 of 27 December 2005 finally set, after many contentious [1]avatars, the maximum amount of road and non-road public domain occupation fees for these operators [2], the adoption of this decree does not settle the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Administrative Court of Lille

Quotation

Joelle Adda, Telecommunications - Fees charged for public domain occupation: The Paris Administrative Court of Appeal reviews the fees charged for public domain occupation with regard to the specific advantage which results from private use of the public domain and to allegation of abuse of a dominant position (RTE EDF Transports ; Viatel Opérations), 12 February 2010, Concurrences N° 2-2010, Art. N° 31408, pp. 154-157

Visites 2529

All reviews