CASE COMMENTS: PUBLIC ACTIONS - TELECOMMUNICATIONS - ENVIRONMENT - PRECAUTIONARY PRINCIPLE

Precautionary principle: The French Supreme Administrative Court rejects the appeals against the ministerial order defining the conditions of use of the 5G frequencies, considering that a prior environmental assessment was not necessary because the definition of the conditions of use of the frequencies did not fall within the scope of article 3 § 4 of the directive 2001/42/EC of 27 June 2001 (CFE-CGC Orange)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The conditions for the use of 5G frequencies have been appealed to the Council of State by several associations. It is true that the deployment of 5G has raised controversy regarding its environmental impact and illustrates the question of how sustainable development is taken into account in public action. While this technology is praised for its performance and the promised revolutions (connected objects, new applications in the field of health, industry, etc.), it is also a source of concern. Pursuant to Article L.42-2 of the French Post and Electronic Communications Code ["CPCE"], the minister in charge of electronic communications, acting on a

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Aurore Laget-Annamayer, Precautionary principle: The French Supreme Administrative Court rejects the appeals against the ministerial order defining the conditions of use of the 5G frequencies, considering that a prior environmental assessment was not necessary because the definition of the conditions of use of the frequencies did not fall within the scope of article 3 § 4 of the directive 2001/42/EC of 27 June 2001 (CFE-CGC Orange), 31 December 2020, Concurrences N° 2-2021, Art. N° 100598, pp. 207-209

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