
BCTG Avocats’ Public Business Law team was created in 2015. It comprises 9 lawyers and boasts recognized, cross-disciplinary expertise tailored to the specific needs of its clients: businesses, local authorities, public institutions and investors.
By placing an understanding of your objectives at the heart of our approach, we make public business law a lever for development and security for your activities: we transform your public challenges into legal and strategic opportunities and “de-risk” your projects.
In a complex legal environment, BCTG avocats offers exclusive and recognized expertise in public sector business. Our lawyers are personally and collectively committed to meeting the highest standards of the profession, from start to finish, including by drawing on the firm’s other areas of expertise.
BCTG Avocats has the particular expertise to intervene on a regular basis in the following sectors in particular:
- Renewable energies: wind, photovoltaic, hydraulic, wave, biogas, geothermal, hydrogen, agrivoltaism, battery storage, etc.
- Infrastructure and public works, notably in the transport sector (ports, airports, railways, roads and motorways, urban transport and new forms of mobility: IRVE charging stations, hydrogen), defense, as well as the hospital sector (public procurement contracts for drugs and medical devices), education (universities), culture and hospitality (museums, auditoriums, stadiums).
- Mining projects: exclusive research permits, mining concessions, authorizations and declarations for mining operations, agreements to occupy land for mining operations, dismantling and reclamation work, etc.
Waste and environment: application of the AGEC law and reuse obligations, recycling and consumer information, ICPE and depollutionBCTG Avocats has privileged access to regulatory information and data from the ENR sector (in particular), thanks to our involvement with the Syndicat des Energies Renouvelables (SER) since its inception.
The firm can assist you in all areas of public business law :
Energy
BCTG Avocats has been a recognized expert in the renewable energies sector for over twenty-five years, working alongside players in every sector of the market (onshore and offshore wind power, solar energy, biomass, hydroelectricity, hydrogen, storage, etc.), and boasting unique, integrated expertise in public and private law for the development of projects in France and abroad.
The Energy division’s lawyers are particularly involved in defending the industry, and are resolutely committed to working alongside their clients to ensure the success of projects in which they believe. The team also stands out for its ability to provide projects with legal solutions that are both cutting-edge and pragmatic.
The firm’s cross-disciplinary experience and knowledge of the sector’s specific features enable it to support the various industrial players in the market and investors throughout a project, from its development and structuring to its actual completion, including the operating phase.
- Multi-industry: onshore wind power, offshore wind power (land-based and floating), photovoltaics (ground-based, rooftop, floating, self-consumption), biomass, hydrogen, hydroelectricity, storage, etc.
- Land security.
- Electricity regulations (CRE call for tenders, remuneration supplement contract, connection documentation, appeals to CORDIS, etc.).
- Other regulations (town planning, environment, ICPE, protected species, public participation, feed-in tariff, connection, etc.).
- Legal structuring of projects and associated documentation.
- Industrial partnership or cooperation agreements.
- Supply contracts, construction contracts (EPC/EPCM), operation and maintenance (O&M) contracts.
- Corporate PPAs, aggregation contracts.
- Self-consumption schemes, participatory arrangements.
- Project financing.
- M&A (project sales and acquisitions and related due diligence).
- Civil, administrative and commercial litigation; legal appraisals, mediation.
BCTG Avocats is also a member of the Syndicat des Energies Renouvelables (SER). Paul ELFASSI is a member of the Board and chairs the “Law and Regulation” Committee of its Wind Turbine Commission, and Nelsie BERGES chairs that of its photovoltaic branch, SOLER. BCTG Avocats is also a member of the France Renouvelables (FR) association, the Office Franco-allemand pour la Transition Energétique (OFATE) and the Fédération Française des Producteurs Agrivoltaïques (FFPA).
Urbanism / environment
We support you at every stage of your development and construction projects, from planning to completion, and advise you on the associated risks: advice, audits, project de-risking: verification and adaptation of urban planning and environmental documents (SCOT, PLU, SRCAE, SDAGE, PPRI…) , securing of urban planning and environmental authorizations (building permit, urban planning certificate, environmental authorization, ICPA, authorization to occupy the public domain, exemption for protected species…), legal management of the project.
Public contracts
Public contracts: BCTG Avocats assists purchasers (contracting authorities and entities) as well as candidates, sponsors and lenders in :
- award and performance of public procurement contracts (public procurement contracts, concessions, public service delegations):
- Identification of the procedure to be used (open or restricted invitation to tender, negotiated procedure, competitive dialogue),
- Drafting of consultation documents (AAPC, consultation regulations, CCAP, CCTP, response frameworks, bid writing guide, award notice, etc.).
- Assistance during negotiations
- Finalization and closing
- Management of performance disputes: claims, amendments, contract transfers, changes in ownership of the incumbent SPV, etc.
- enhancing the value of the public domain through the award and execution of state-owned occupation contracts: assistance in preparing, implementing or responding to calls for expressions of interest/calls for projects (AMI or APP), drafting and negotiating AOT/COT, BEA, etc.
- structuring and implementation of complex contractual arrangements, including project financing: PPP, creation of dedicated companies in the form of SEM, SEMOP, SPL, SPV, ENR production companies, etc. We also have in-depth expertise in drafting project contracts “back to back” with public contracts, having worked on major project financing (particularly in the rail and motorway sectors), and can help you negotiate construction subcontracts, operation and maintenance (O&M) subcontracts, interface contracts, direct agreements, etc.
Our involvement in both the public and private sectors gives us a detailed understanding of the requirements and constraints of each of the players involved in a project, and enables us to propose solutions and packages that are both operationally and financially secure and realistic.
Administrative litigation and dispute resolution
BCTG Avocats acts as plaintiff or defendant before the administrative courts in all types of administrative appeals (appeals against administrative authorizations, suspension proceedings, expert reports, claims for compensation), contractual disputes concerning the award and performance of contracts (pre-contractual and contractual appeals, appeals contesting validity, recovery and contestation of penalties, contractual liability, etc.), appeals concerning administrative liability and breaches of competition rules, etc…
The firm has recognized experience in litigation concerning environmental and town planning authorizations.
Sectoral regulations
Support in regulated sectors such as energy, healthcare and transport (rail, ports, airports, roads and motorways, urban transport and new forms of mobility: IRVE charging stations, hydrogen, etc.).