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  1. #1
    WHT-BR Top Member
    Data de Ingresso
    Dec 2010

    [EN] Interxion obtém nova licença de operação desafiando sentença de tribunal francês

    Tribunal negou apelo em sentença que revogou licença de operação da Interxion. Empresa diz que é "caso encerrado" obtendo nova licença sem realizar modificações.

    Translated from French by Bing

    Interxion failed to break the judgment that cancelled the operating order of its datacenter Par7. But in the meantime, the company has obtained another authorization from the prefecture.

    Reynald Fléchaux
    12 juin 2017

    For the Court of Appeal of Versailles, the administrative Court of Montreuil was well founded to invalidate the prefectural authorization to operate the data center PAR7 from Interxion to the Courneuve. By a judgment dated 23 May, the Court dismissed the appeal lodged by the host, as well as by the Minister of Ecology, Sustainable development and energy of the outgoing government, Royal, who both called for annulment of the trial decision. The Court of Appeal validates the conclusions of the Administrative Tribunal of Montreuil concerning the weakness of the impact analysis provided by Interxion in the administrative dossier prior to the opening of the site: the incomplete nature of the impact assessment attached to the application file by the contracting authority has, because of the in the description of the acoustic characteristics of the proposed installations, was likely to adversely affect the public's information and deprive it of a guarantee and of a nature to exert an influence on The contested order, writes the Court of Appeal of Versailles.

    The argument developed by the Administrative Court of Montreuil to invalidate, on 15 October 2015, the operating order relating to this data centre of 9 000 m2, signed by the prefect of Seine-Saint-Denis (93) on 13 December 2013. By the way, the state and Interxion are condemned by the Court of Appeal to pay 2000 euros each to the association Urbaction 93, which represents residents of the PAR7 data center. Of the residents who attacked the prefectural authorization in court, complaining of the sound annoyance and also dreading the risks of fire or explosion generated by the fuel oil and the batteries stored by the operator to ensure the continuity of activities.

    The issue of Sound nuisance

    If Urbaction 93 wins this round in front of the appellate court, this gun pass does not change anything about the operation of the PAR7 data center. Upon the suspension of the prefectural order, Interxion had obtained a provisional authorisation, before obtaining a new permanent authorisation in October 2016. "If we have decided to appeal, it is because we consider that we have suffered prejudice in terms of branding", is justified Fabrice Coquio, the president of Interxion France.

    For the leader, the case is now closed – Interxion not considering, in his view, to appeal in cassation. It is also a rich lesson for data center operators, says Fabrice Coquio. On the expectations of the populations of course. But also on the role of the Administrative Tribunal, which is likely, in its interpretations, to go beyond the environmental code according to Fabrice Coquio: We were accused of not demonstrating the lack of sound impact of our installation; Now, how do you perform this demonstration when the datacenter is not yet built? , he wonders.

    For its new prefectural authorisation, Interxion was able, this time, to perform precise measures on the installation in place. "including from the domicile of the two main complainants." With an increase in noise measured at ... 0 db According to the control office responsible for this benefit. This measure has helped to strengthen our file, the president of the host, who ensures that the "subjective interpretations" of the residents must be better taken into account.

    In other words, Interxion was able to continue the operation of PAR7, opened in 2012 and located only a few metres away from the houses without any major changes. If the noise-cancelling devices did not receive a development, Interxion carried out however some work on aspects related to the safety of the site. "The dialogue with the prefecture has gone beyond the problems raised by the complainants of Urbation 93," reiterates Fabrice Coquio.

    City Data Centers

    The case between Interxion and the residents of its datacenter in Courneuve has brought to light the difficulties that the establishment of data centres can bring to the densely populated areas. A few months after the decision of the Administrative Court of Montreuil, it was the host Zayo who faced similar difficulties with his datacenter of the rue Poissonnière, in the 2nd arrondissement of Paris. The company had then hired about 500 000 euros of work to reduce the noise nuisance of its cold production groups.

    19/10/2015 2015

    Resumo: um tribunal administrativo cancelou a licença de operação do data center após um grupo de moradores ter ingressado com ação contra a Interxion devido ao barulho e risco de incêndio. Alegadamente, a autorização foi emitida sem avaliação do impacto da instalação em área urbana -- o data center está situado a 10m das casas mais próximas --, agravado pelo armazenamento de 600 mil litros de combustivel e milhares de baterias. A região acolhe inúmeros data centers, porém localizados em zonas industriais. A Interxion não se manifestou publicamente. Nos planos da empresa, está previsto não apenas a expansão deste data center mas a construção de um outro, com 44 mil m2, em pleno centro da cidade.

    [FR] Justiça francesa revoga licença da Interxion em La Courneuve, Seine-Saint-Denis
    Última edição por 5ms; 13-06-2017 às 10:56.

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