Paris: the six new relay antennas on the roofs of the 13th arrondissement will be able to remain in place

The summary judge of the administrative court validated the authorization given by the mayor of Paris to SFR to install six additional relay antennas on the roof of a building in the 13th arrondissement of Paris.

An emergency referral to the administrative court

The mobile telephone operator had in fact filed a “prior declaration of works” to install these antennas within an already existing radiotelephone relay, on the roof terrace of a building located at 40, boulevard Auguste Blanqui.

But a local resident urgently appealed to the Paris administrative court to suspend this “non-opposition” from the mayor (PS) of Paris Anne Hidalgo. He also demanded that his legal costs be covered by the city of Paris in the amount of 2,000 euros.

According to him, there was “urgency” since the work had already “started” when he filed his appeal, on January 18, 2024. The resident also had a “doubt” about the legality of this authorization: according to him, it should have be preceded by an opinion from the architect of Bâtiments de France (ABF), the general inspection of quarries and the district mayor.

“The work has been completed and is not, in any event, irreversible,” the operator’s lawyer wrote to the emergency judge in response. The “suspension” of this authorization would also have had the effect of “obstructing the public interest arising from the coverage of the territory of the city of Paris”.

Antennas already in service

“Urgency justifies the suspension of an administrative act when its execution harms, in a sufficiently serious and immediate manner, a public interest, the situation of the applicant or the interests he intends defend”, first recalls in a general way the summary judge of the Paris administrative court in an order dated February 1, 2024 which has just been made public.

In matters of “construction”, urgency – one of the cumulative conditions for hoping to bring a summary procedure to a successful conclusion – is “in principle satisfied” since “a building permit is difficult to reverse”, establishes the justice code administrative (CJA).

In this case, in this file, “it appears (…) from the cartoradio extract produced by the company SFR that the authorized relay antennas (…) have been installed and in service since December 15, 2023”, begins- she by note. “The coverage of the national territory by the mobile telephone network is of public interest and no element in the file is likely to validate the hypothesis of risks to public health which could result from the exposure of the public to the electromagnetic fields emitted by the relay antennas of this network. »

“In these circumstances, and while the presumption (…) is rebutted, the condition of urgency (…) can no longer be considered as fulfilled”, deduces the magistrate. The resident therefore saw his request rejected.

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