Sébastien Martin

Following the reform carried out with Article 137 of the Pact Law (see Law No. 2019-486 of 22 May 2019 on the growth and transformation of businesses, JORF No. 0119 of 23 May 2019) and Order No. 2019-1015 of 2 October 2019 reforming the regulation of gambling (JORF No. 0230 of 3 October 2019), (...)

Law No. 2019-1428 of 24 December 2019 on the orientation of mobilities (JORF No. 0299 of 26 December 2019) introduced a major breach in SNCF réseau’s quasi-monopoly by providing for two mechanisms for the transfer of "low-traffic lines of local or regional interest". In fact, within the framework (...)

The Transport Regulation Authority has been asked to examine the accounting separation rules drawn up by SNCF Voyageurs and Fret SNCF, presented on 13 and 15 January 2021 respectively. This corresponds to a now classic obligation under European Union law. Indeed, Directive 2012/34/EU of the (...)

On 22 January 2021, the Minister in charge of the national road network referred to the Authority a draft decree on the experimentation of the deployment of charging points for electric vehicles on the motorway network, pursuant to Article L. 122-27 of the French Road Code, according to which (...)

One of the major aspects of the latest reform concerning the regulation of gambling is, without a doubt, the submission of operators with exclusive rights to the control of the independent regulatory authority, which was renovated for the occasion. This submission is reflected in particular in (...)

The Region of Nouvelle Aquitaine has referred to the Transport Regulation Authority a dispute concerning the charges set out in the 2002 Station Reference Document. This annual document specifies, for each passenger station on the national network, the regulated services provided there, the (...)

What are the powers of the transport regulator with regard to tariffs set by an infrastructure manager? This was the question to be answered by the supreme administrative court. In the present case, SNCF Réseau asked the Council of State to annul for excess of power Opinion No 2019-005 of 7 (...)

Following the establishment of the National Gaming Authority set up by Order No. 2019-1015 of 2 October 2019 reforming the regulation of gambling and games of chance, the Prime Minister has used his regulatory power to apply the law to specify the terms and conditions for carrying out the tasks (...)

Since Law No. 2010-476 of May 12, 2010 relating to the opening to competition and regulation of the online gambling sector (JORF No. 0110 of May 13, 2010), online gambling or betting operators can legally offer their services in France under the cover of having received a license. The first (...)

The legislator, with Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015) liberalised regular passenger transport by coach, offering the possibility for operators to freely organise transport services. Then, Order No. 2016-79 (...)

This time, and with a little delay compared to the initial schedule, since under Article 50 of Order No. 2019-1015 of October 2, 2019 reforming the regulation of gambling and chance (JORF No. 0230 of October 3, 2019) this should have been done from January 1, 2020, the Online Gaming Regulatory (...)

As every year, and in accordance with article 21 of Act No. 2017-55 of 20 January 2017 on the general status of independent administrative authorities and independent public authorities (JORF No. 0018 of 21 Jan. 2017), according to which "any independent administrative authority or independent (...)

The health crisis and the measures taken under the state of emergency decreed by the government have turned the lives of the French people upside down, as well as the media. In particular, in information programmes, members of the Government found themselves at the forefront of the media scene. (...)

According to Article 107 of the Treaty on the Functioning of the European Union (formerly Article 87 of the Treaty establishing the European Community): ’Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts (...)

Order no. 2019-1015 of 2 October 2019 reforming the regulation of gambling and games of chance (JORF no. 0230 of 3 October 2019) not only reorganised the gambling sector, it also reformed the regulator. The online gambling regulatory authority should soon disappear to make way for the National (...)

At the beginning of January 2020, the Board of Directors of SNCF Réseau approved the candidacy of Luc Lallemand as Chairman and Chief Executive Officer. Due to the provisions of Article L. 2133-9 C. trans. according to which "the Transport Regulatory Authority may oppose the appointment, renewal (...)

By three decisions of 9 January 2020, the Transport Regulatory Authority was able, for the first time, to exercise the jurisdiction granted to it under Article L2133-1 C. trans. with regard to national rail passenger transport services. This provision, revised in 2019, allows "the Transport (...)

The Conseil supérieur de l’audiovisuel having been informed of the intention of the Altice Group, the exclusive holder of the broadcasting rights for the final of the Champions League, to broadcast this event live on 1 June 2019 on the television service of its subsidiary BFM TV, the broadcasting (...)

In addition to opening up domestic rail passenger transport services to competition, Law No. 2018-515 of 27 June 2018 for a new railway pact provided for an institutional reform aimed at moving the public railway group towards a completely new organisation. Modifying the legal nature of the (...)

The government bill intends to make major changes to Act No. 86-1067 of 30 September 1986 on freedom of communication. Firstly, the bill on audiovisual communication and cultural sovereignty in the digital age is divided into several titles. While Title I contains a series of measures to (...)

Following nearly 4,300 reports, the Conseil supérieur de l’audiovisuel was once again interested in comments made by Mr Eric Zemmour in the Face à l’info programme on 15, 21 and 23 October 2019. In a decision by the plenary session of 27 November 2019, the regulator issued a formal notice to the (...)

The bill on audiovisual communication and cultural sovereignty in the digital age, presented on 5 December by the Minister of Culture, aims to substantially amend the Léotard law of 30 September 1986. In addition to the transposition of the new Audiovisual Media Services Directive, this is an (...)

Order No. 2019-761 of 24 July 2019 on the airport charges regulator has entrusted à̀ the Transport Regulatory Authority, as of 1 October 2019, with the competence to approve the tariffs of charges for services rendered mentioned in Article L. 6325-1 C. transp. and their modulations for aerodromes (...)

While it is known that La Poste is the universal postal service provider and will be so until 31 December 2025 (cf. Article L. 2 of the Postal and Electronic Communications Code), certain additions to this universal service are less well known. Article L. 1 of the Postal and Electronic (...)

Once again, the regulatory authority for rail and road activities is faced with SNCF Mobilités’ (non-)compliance with the rules of accounting separation. This could resemble a completely reprehensible habit because, as the regulator points out, ’where an undertaking holding a dominant position on (...)

Article 134 of Act No. 2019-486 of 22 May 2019 on the growth and transformation of enterprises (JORF No. 0171 of 25 July 2019) empowered the Government "to take by ordinance, within three months of the promulgation of this Act, any measure falling within the scope of the Act in order to (...)

The opening up to competition of public service contracts for regional rail passenger transport to competition as of 3 December 2019, provided for in Article 18 of Law No. 2018-515 of 27 June 2018 for a new railway pact (JORF No. 0147 of 28 June 2018), will not only upset relations between (...)

Imposed by Law No. 2010-476 of 12 May 2010 on the opening to competition and regulation of the online gambling sector (JORF No. 0110 of 13 May 2010, p. 8881), the Online Gaming Regulatory Authority was indispensable insofar as the State is a shareholder and participates in the capital of (...)

Pay-TV broadcasters compete intensely in particular for the acquisition of broadcasting rights to certain sporting events such as competitions organised by the European Union Football Association (UEFA). In order to ensure that certain events of major importance are not simply available to (...)

The company FlixBus France, which initiated the referral to ARAFER, has declared a regular interurban coach service between Marseille and Toulon as part of the operation of a long-distance line Bordeaux - Agen - Toulouse - Carcassonne - Montpellier - Nîmes - Marseille - Toulon. Following this (...)

On the basis of the conclusions of Mr Jean-Cyril Spinetta’s report of February 2018, the Government had embarked on a new reform of the railway system with the stated objectives of building a new organisation for the incumbent operator and seeking greater efficiency in this system, in particular (...)

Since 1 January 2015, the EPIC SNCF Mobilités has been organised around five branches of activity. Voyages SNCF offers passenger rail transport services in France and Europe and groups together the TGV activities as well as the Eurostar, Thalys and Lyria subsidiaries. The SNCF Logistics branch (...)

Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. (...)

Article L. 37-2 of the French Post and Electronic Communications Code provides: "The Regulatory Authority for Electronic Communications and Fixed Posts (...) the obligations of operators deemed to exercise significant influence on a market in the electronic communications sector". ARCEP may, (...)

Following the mission entrusted to him by the Prime Minister on 16 October 2017, Jean-Cyril Spinetta, former Chairman and CEO of Air France-KLM, submitted a report in which he made 43 proposals for reforming the national rail system, in particular to adapt it to the opening up to competition. (...)

By order of 27 November 2017 of the Minister of the Economy and Finance, Orange was designated, for a period of three years, as the operator responsible for providing the "connection" and "telephone service" services of the universal service. These services, whose purpose is to guarantee access (...)

On 2 February 2017, on RTL radio, Eric Zemmour commented on President Trump’s appointment of a new Supreme Court Justice to the United States of America. Believing that the Supreme Court has twisted the text of the American Constitution (...) to make it say what its drafters had never imagined (...)

On 17 September 2018, the Online Gaming Regulatory Authority, together with the gaming regulators of Latvia, the Czech Republic, the Isle of Man, Spain, Malta, Jersey, Gibraltar, Ireland, Portugal, the Netherlands, Norway, the United Kingdom, Poland, Austria and Washington State, issued a joint (...)

The Conseil Supérieur de l’Audiovisuel (hereinafter CSA), in anticipation of the draft law reforming the audiovisual sector, announced in March 2018 and scheduled for the end of the year, issued a strategic note on September 11, 2018 entitled "Refounding audiovisual regulation". It is accompanied (...)

According to Article L. 2 of the French Postal and Electronic Communications Code (hereinafter CPCE), "La Poste is the universal postal service provider for a period of fifteen years from 1 January 2011". Consequently, the company is subject, by the same article, to specific obligations in (...)

After having been called upon to rule on the legality of formal notices issued by [the Conseil supérieur de l’audiovisuel (C8, [formerly D8], No. 407463, H. Delzangles, S. Martin, Mise en demeure: Le Conseil d’État valide une mise en demeure prononcée par le Conseil supérieur de l’audiovisuel (C8), (...)

With Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board or Boards of Appeal of the European Union Railway Agency (OJEU No L 149, p. 3 et seq.), the Union’s executive power provides essential elements for railway operators or national (...)

In a long-awaited decision in the field of regulated sales tariffs (hereinafter TRV) in the French energy sector, the Conseil d’État ruled on the decision to set regulated electricity tariffs on 18 May 2018 (CE, 18 May 2018, ENGIE and ANODE, req. 413688, 414656). This decision comes about ten (...)

Among the missions entrusted by the legislator to the Regulatory Authority for Rail and Road Activities is that of guaranteeing non-discriminatory access to the national rail network for all operators. In particular, it has consultative powers on the SNCF Réseau reference document, a legal act (...)

After having entrusted a mission to Mr Jean-Cyril Spinetta in October 2017 to draw up a global diagnosis of the state of the railway system, which was handed over on 15 February 2018, the Government considered that there was an urgent need for action. It therefore proposed, to the Council of (...)

By its Decision 2018-13 of 31 January 2018, the Conseil supérieur de l’audiovisuel, meeting in plenary session, decided to withdraw Mathieu Gallet’s mandate as President of Radio France, considering, in particular, that his conviction at first instance for the crime of favouritism undermined the (...)

ARAFER has published the first annual review of the rail passenger transport market in France, thus fulfilling some of the requirements of Article 56 of Directive 2012/34 of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area ("2. Without (...)

In the action before us (CE, 4 December 2017, No 407463, Société C8, [formerly D8]), television channel C8 brought an action before the Conseil d’État seeking annulment, on the ground of misuse of powers, of Decision No 2016-872 of 23 November 2016 by which the Conseil supérieur de l’audiovisuel (...)

The "loot boxes" that can be won or bought by video game players and which are "literally ’loot boxes’ to be acquired to increase one’s chances" (http://www.lepoint.fr/pop-culture/jeux-videos/pour-tout-comprendre-sur-la-polemique-des-loot-boxes-dans-le-jeu-video-01-12-2017-2176543_2943.php) are a (...)

After having delivered first judgements relating to the control by the Regulatory Authority for Rail and Road Activities of requests for the prohibition or limitation of coach services (EC, 23 Dec. 2016, Aquitaine Limousin Poitou Charentes Region, n°399081, cf. Emmanuel Guillaume, Mélodie (...)

After an initial decision handed down in the framework of its power to sanction (see Hubert Delzangles, Sébastien Martin, Le Conseil supérieur de l’audiovisuel sanctions a television channel for failure to comply with formal notices (C8, Concurrences n° 3-2017), the Conseil supérieur de (...)

Under the terms of Article L. 3111-18 of the Transport Code, "a transport organising authority may, after receiving the assent of the Regulatory Authority for Rail and Road Activities, under the conditions defined in Article L. 3111-19, prohibit or limit the services mentioned in the first (...)

Since Law No. 2013-1028 of 15 November 2013 on the independence of public broadcasting (JORF No. 0266 of 16 November 2013 p. 18622), the Conseil supérieur de l’audiovisuel is required to follow a new sanction procedure (cf. Hubert Delzangles, "Un vent d’impartialité souffle encore sur le droit de (...)

Under the terms of Article L. 122-31 of the French Roadways Code, "The Regulatory Authority for Rail and Road Activities may collect data, carry out expert appraisals and conduct studies and any necessary information actions in the concession motorway sector. It may, in particular, by means of (...)

After having checked the first opinions delivered by the Regulatory Authority for Rail and Road Activities (cf, for the Conseil d’État ruling, Emmanuel Guillaume, Mélodie Lenglart, "Equilibre économique du service public: Le Conseil d’État juge légal un avis de l’Autorité de régulation des activités (...)

In several letters dated 4 April and 8 July 2012, 12 May, 23 June, 23 July, 5 and 8 August and 18 October 2013, a listener reported to the Conseil supérieur de l’audiovisuel (CSA) various breaches committed, in his opinion, by Radio France to the rules relating to the broadcasting of advertising (...)

The legislator, through the adoption of an organic law (Organic Law No. 2017-54 of 20 January 2017 on independent administrative authorities and independent public authorities, JORF No. 0018 of 21 January 2017) and an ordinary law (Law No. 2017-55 of 20 January 2017 on the general status of (...)

After setting up a think tank and a site dedicated to Smart Grids, CRE has in recent years intensified its field of action in this key and fast-growing sector. By 2014, the regulator had published 41 recommendations in a deliberation on 12 June on the development of smart grids for low-voltage (...)

On Wednesday 23 November 2016, the Plenary Assembly of the Conseil supérieur de l’audiovisuel (CSA) voted on the very numerous complaints about the programme "Touche pas à mon poste". It decided to issue a warning and a formal notice to the editor of channel C8 in response to two sequences (...)

Since 1 February 2016, pursuant to Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015 page 13537), known as the Macron Law, the Regulatory Authority for Rail and Road Activities has several powers in the motorway sector to (...)

On the occasion of complaints lodged by railway operators in the context of applications for dispute settlement, the Authority had observed that both the infrastructure manager and the operators applying for or holding train paths could behave in a way which was not compatible with the (...)

The issue of the independence of the manager of essential infrastructure vis-à-vis users, which is well known in the field of energy regulation but more complicated to implement in the rail transport sector, is now at the heart of the recent concerns of the Regulatory Authority for Rail and Road (...)

Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015, page 13537) assigned new missions to the Regulatory Authority for Rail and Road Activities with regard to motorway concessionaires. Indeed, the legislator has entrusted the (...)

With the adoption of Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015 page 13537), better known under the name of the Minister of Economy and Finance, which liberalised the interurban road passenger transport sector, "public (...)

The Rail Regulatory Authority was invited to give its opinion on the draft decree, the purpose of which is to complete the process of transposing into national law the provisions of Directive 2012/34/EU on access to service facilities. In its opinion, the Authority makes a number of comments, (...)

Law No. 2014-872 of 4 August 2014 on railway reform (JORF No. 0179 of 5 August 2014, page 12930) had provided, in Article 31, that "An agreement between SNCF Réseau and SNCF Mobilités shall determine the scope of freight terminals other than those (listed in the SNCF reference offer for the 2015 (...)

Last autumn, the Conseil Supérieur de l’Audiovisuel (CSA) decided for the first time to withdraw from Diversité TV France its licence to broadcast the channel Numéro 23 (H. Delzangles, S. Martin, "Le Conseil supérieur de l’audiovisuel abrogates for the first time the broadcasting authorisation of a (...)

Following Jacques Rapoport’s resignation as Chairman of SNCF Réseau, announced by the Secretary of State for Transport, Alain Vidalies, on Wednesday 24 February, the government has undertaken to find a successor for him. However, since Mr Rapoport was appointed in December 2012 at the head of (...)

No less than five opinions were issued by the Regulatory Authority for Rail and Road Activities within the framework of the assent procedure created by Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015, p. 13537). Beyond the (...)

The Competition Authority, after examining the matter on its own initiative on 26 February 2013, issued an opinion one year later on the competitive functioning of the market for regular interregional coach transport (see Opinion No. 14-A-05 of 27 February 2014) in which, after examining the (...)

On October 30, 2015, a draft decree amending Decree 2009-975 of August 12, 2009 on regulated electricity sales tariffs was submitted to the French Energy Regulatory Commission (CRE) for an opinion. This decree had been amended for the first time by Decree no. 2014-1250 of October 28, 2014 (...)

This autumn, the Conseil Supérieur de l’Audiovisuel decided for the first time to withdraw Diversité TV France’s licence to broadcast channel No. 23 (see decision No. 2015-367 of 14 October 2015 sanctioning Diversité TV France). This decision is interesting both in view of the circumstances in which (...)

Following the entry into force of Act No. 2015-990 of 6 August 2015 on growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015, p. 13537), the first implementing decrees have begun to be adopted. Decree No. 2015-1266 of 13 October 2015 (JORF No. 0238 of 14 October (...)

On July 20, 2015, the Minister of Ecology, Sustainable Development and Energy and the Minister of the Economy, Industry and the Digital Economy submitted to the Energy Regulation Commission a draft order relating to rates for the transfer of electricity to local distribution companies, as (...)

The deliberation of the Energy Regulatory Commission of 28 July 2015 on the draft decree on regulated electricity sales tariffs is interesting in several respects. First, the first element of interest relates to the context in which the advice on regulated tariffs is given. Indeed, the latter, (...)

The Regulatory Authority has been asked to give its opinion on various texts aimed at completing the transposition of Directive 2012/34/EU (cf. the draft ordinance on the authorisation given to the Government pursuant to Article 38 of Law No. 2014-872 of 4 August 2014 on railway reform; the (...)

The Conseil supérieur de l’audiovisuel will also have had the opportunity to give its opinion on the Vincent Lambert case, on behalf of a patient hospitalised in an irreversible state of unconsciousness making him dependent on artificial feeding and hydration and for whom the family is opposed to (...)

At the beginning of the year, in notice No. 2015-004 of 3 February 2015, ARAF gave a favourable opinion on the minimum service charges published in the national railway network’s reference document for the 2016 service timetable. However, this opinion was accompanied by several reservations (...)

The company Solaire Direct, an operator in the market for services to individuals wishing to generate solar photovoltaic electricity, estimated as early as 2008 that EDF and its subsidiaries EDF Énergies nouvelles (EDF EN) and EDF Énergies nouvelles réparties (EDF ENR) were engaging in abusive (...)

To take into account the adoption of law n° 2014-872 of 4 August 2014 on railway reform (JORF n° 0179 of 5 August 2014 page 12930), the government wished to amend the provisions of decree n° 2010-1023 of 1 September 2010 relating to the organisation and operation of the Regulatory Authority for (...)

For the first time since the entry into force of the reform of the law of 30 September 1986 relating to freedom of communication initiated by Law No. 2013-1028 of 15 November 2013 relating to the independence of public broadcasting (JORF No. 0266 of 16 November 2013 p. 18622), the Conseil (...)

Article 6 of Directive 2012/34/EU, recasting Directives 91/440/EC, 95/18/EC and 2001/14/EC, provides, inter alia, that ’Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published for, on the one hand, activities relating to the provision of rail (...)

CJEU, 19 March 2015, E.ON Földgáz Trade v Magyar Energetikai és Közmű-szabályozási Hivatal, aff. C-510/13 E.ON Földgáz, at that time still a subsidiary of the E.ON Group, was licensed to transport gas. As such, it submitted four applications for the allocation of long-term capacity at the import entry (...)

CRE, Feb. 19, 2015, Deliberation on the rules of appropriate accounting for suppliers bearing public service charges for electricity In accordance with Article L. 121-9 of the Energy Code, with the deliberation of February 19, 2015, the Commission de régulation de l’énergie (Energy Regulation (...)

CSA, Feb. 11, 2015, Decisions giving formal notice to the companies in charge of France’s external broadcasting (France 24 and RFI), BFM TV, Euronews SA, Lagardère Active Broadcast (Europe 1), France Télévision, Radio France (France info and France inter), La Chaine Info, Radio Monte Carlo, CLT-UFA (...)

Commission of the European Communities, 6 Jan. 2015, Implementing Regulation (EU) 2015/10 on criteria for applicants for railway infrastructure capacity and repealing Regulation (EU) 870/2014. ; Eur. Comm. 4 Feb. 2015, Implementing Regulation (EU) 2015/171 on certain aspects of the procedure (...)

Article R. 1-1-8 of the CPCE stipulates that "the Minister responsible for posts, after having given the universal service provider the opportunity to present its observations and having obtained the opinions of the Autorité de régulation des communications électroniques et des postes and the (...)

The Energy Regulatory Commission issued its 2013-2014 report on the functioning of the wholesale energy markets in November 2014. The press release of 24 November 2014 and the summary of this 136-page report give the following conclusions on the assessment of the development of wholesale energy (...)

On October 28, 2014, the Prime Minister issued an order-in-council relating to the methodology for the construction of regulated electricity sales tariffs (RSTs). This decree amends Decree No. 2009-975 of 12 August 2009 on regulated tariffs for the sale of electricity. One recalls the problems (...)

Article L. 333-7 of the Sport Code provides that "The transfer of the right to operate a sporting event or competition to a communication service to the public by electronic means may not hinder the provision of information to the public by other communication services to the public by (...)

In its opinion of 17 September, the Competition Authority returned to an issue that is dear to its heart. Indeed, it considers it necessary, according to its recommendation No. 3, to "create an independent authority for the regulation of land transport with jurisdiction also over the motorways (...)

The Autorité de régulation des communications électroniques et des postes (ARCEP) was deprived of its power to impose sanctions as of the decision of the Constitutional Council of 5 July 2013, Société Numéricable SAS et autre (CC, decision no. 2013-331 QPC of 5 July 2013, Société Numéricable SAS et (...)

On 28 November 2013, CRE issued a decision approving experimental rules for the valuation of consumption cancellations on the energy markets. In this context, it defined, in accordance with II of Article 14 of Law no. 2013-312 of 15 April 2013 aimed at preparing the transition to a low-energy (...)

The competition between taxis and chauffeured passenger cars is fierce and the issue is bound to come up again and again in the courtroom of the administrative judge. It is in particular the decree of 27 December 2013 relating to the prior reservation of passenger cars with driver that is the (...)

Following a request made on July 19, 2012 by Bouygues Telecom, the French regulatory authority for electronic communications and postal services (hereinafter referred to as ARCEP) reviewed its authorization in the 1800 MHz band and took the decision (see Decision 2013-0514 of the French (...)

In the light of the French draft law on energy transition and the new guidelines on state aid for environmental protection published by the European Commission on 9 April 2014 (European Commission - IP/14/400 of 9 April 2014), the European Commission has decided to adopt a new law on energy (...)

As every year (cf. for the year 2011, Decision No. 2013-0590 of 23 April 2013 setting the final assessment of the net cost of the universal service and the operators’ contributions for the year 2011 and for the year 2010, Decision No. 2012-0484 of 3 May 2012 setting the final assessments of the (...)

On 26 February 2013, the Competition Authority took an ex officio decision on the competitive functioning of the market for scheduled interregional coach transport. Its objective was to examine the public passenger transport sector and in particular the French market for this mode of transport (...)

With its new rules of procedure, ARCEP implements the Order of 12 March 2014 (Order 2014-329 of 12 March 2014 on the digital economy). (JORF of March 14, 2014)), taken pursuant to Article 1 of Law No. 2014-1 of January 2, 2014 empowering the Government to simplify and secure the life of (...)

The ANODE association continues a series of contentious appeals against ministerial decrees setting energy tariffs (see for gas, for example, this ReviewConcurrences, Chronique Régulation, n° 1-2014, about CE, 30 December 2013, ANODE, n° 369574, 369575, etc.).) this time in the electricity sector. (...)

In the case at issue, the Company France Télévisions asked the Conseil d’État to annul Decision No. 2011-1294 of 9 November 2011, of the Conseil supérieur de l’audiovisuel (hereinafter CSA), relating to a dispute between it and the company Numéricâble on the issue of the numbering of the France 5 (...)

Does the Ordinance of 12 March 2014 (Ordinance No. 2014-329 of 12 March 2014 on the digital economy (JORF of 14 March 2014), adopted pursuant to article 1 of Act No. 2014-1 of 2 January 2014 empowering the Government to simplify and secure the life of businesses (JORF No. 2 of 3 January 2014)) (...)

In the judgment of 13 February 2014, the Court of Justice of the European Union had to consider an action brought by the Commission on 29 March 2012 against Bulgaria. The guardian institution of the European Treaties alleged that the Member State had failed to fulfil its obligations by allowing (...)

ARCEP, in accordance with Article L. 5-2 of the CPCE, must issue a public notice on the universal service provision tariffs before they come into force. In this case, it concerned the Colissimo products, the universal parcel service offer. La Poste has proposed an increase of 2.9% for (...)

The Competition Authority took up an ex-officio case for an opinion on the market for interregional scheduled bus transport on 26 February 2013. To this end, it has organised a public consultation to help it in its reflection, in particular on the advantages of developing interregional coach (...)

CRE’s deliberation of 30 January 2014 looks back at the work of the Electricity Working Group and the Gas Working Group created in 2005 to define and monitor the implementation of the operating rules for the retail electricity and natural gas markets. Beyond the 2012-2013 review and the (...)

In its deliberation of October 17, 2013, the CRE defined the rules for marketing the transmission capacity available, from October 1, 2014, on the link between GRTgaz’s North and South zones, at the interface between the GRTgaz and TIGF systems and at the interconnections between the TIGF system (...)

On 31 March 2014, the Conseil supérieur de l’audiovisuel made public a decision adopted by its plenary assembly on 22 January preceding. By this decision, the CSA intends to draw all the conclusions from the adoption of the law of 15 November 2013 (for a commentary on the law, see H. Delzangles, (...)

Introduction Since June 2013, a bill has been before the legislature reflecting the commitment number 51 of candidate François Hollande on the issue of the reform of public broadcasting. It is in line with the report of the mission "Act II of the cultural exception: contribution to cultural (...)

The annual activity report is the time for any authority to review the important elements of the past year but also to provide an overall analysis of the sector it regulates. The report for 2012 issued by the Rail Regulatory Authority (ARAF) does not call this principle into question. While in (...)

The Autorité de régulation des communications électroniques et des postes (ARCEP) published its public activity report for 2012 in June. Its Chairman gave an introduction on 15 years of regulation and the construction of a market with four fixed and mobile players. He noted the increase in (...)

In its 2012 activity report, the College of the Energy Regulatory Commission (ERC) sends a general message (p. 2 et seq.) in which it underlines the current "trilemma" of guaranteeing access to affordable, environmentally friendly energy that ensures security of supply. It notes the (...)

Having delivered an opinion on the international nature of the passenger transport service envisaged by the railway undertaking Thello between Milan, Genoa, Monaco, Nice and Marseille (cf. opinion No 2013-013 of 9 July 2013; H. Delzangles, S. Martin, ’Railway activities: ARAF gives the go-ahead (...)

ARCEP, 10.09.2013, Opinion No. 2013-1151 On 31 July, in accordance with Article R. 1-1-10 of the CPCE, La Poste sent the minister responsible for postal services and ARCEP simultaneously two proposed changes to the catalogue of services covered by the universal service on 1 January 2014. The (...)

ARCEP, 10.09.13, Opinion No. 2013-1148 ARCEP, 10.09.13, opinion no. 2013-1149 In accordance with Article R. 1-1-13 of the CPCE, which stipulates that "La Poste shall provide the Autorité de régulation des communications électroniques et des postes at least one month before their entry into force (...)

With the third railway package adopted on 23 October 2007, the EU institutions have taken an important step towards liberalising the rail passenger transport market by providing, in particular, for the opening up of international rail passenger services to competition. Indeed, under Article 10 (...)

The procedure relating to the power of sanction of the Electronic Communications and Postal Regulatory Authority (ARCEP) has been established since the 1996 Act but has undergone various changes as a result of legislative developments and the influence of European case law. However, the (...)

In the same context as mentioned above, on 12 July 2013, the European Commission registered a notification from the Portuguese telecommunications regulator (ANACOM) concerning the market for call termination on public telephone networks at a fixed location. The EU executive decided to open an (...)

According to Article 7 of the Telecoms Framework Directive, national regulatory authorities (NRAs) for electronic communications shall notify the Commission, the Body of European Regulators for Electronic Communications (BEREC) and their counterparts in other Member States of the measures they (...)

The application filed by the Syndicat interprofessionnel des radios et télévisions indépendantes (SIRTI) and rejected on 31 May 2013 by the Council of State provides, thanks to a rather flexible reading of the law of 30 September 1986, some interesting elements on the extent of the power of the (...)

While the government was tabling an organic bill and an ordinary bill on the independence of public broadcasting, registered at the Presidency of the National Assembly on 5 June 2013, it referred the matter to the High Council of Audiovisual for its opinion, in application of Article 9 of the (...)

An Act to prepare for the transition to a low-energy system and containing various provisions on water pricing and wind turbines The bill, known as its rapporteur François Brottes, aimed at preparing the transition to a lean energy system and containing various provisions on water pricing and (...)

CRE, Report 2011-2012 on the operation of the French retail electricity and natural gas markets In accordance with the energy market monitoring missions mentioned in Article L. 131-1 of the Energy Code and Article 16 of the Law of 7 December 2010 No. 2010-1488 on the new organisation of the (...)

CRE, Report 2011-2012 on the operation of the French retail electricity and natural gas markets In the same report, in which the authority carried out a study on the operation of the electricity retail markets, it similarly develops analyses for the gas market, which also provide the most (...)

Pursuant to Article 18 of Law No 2004-803 of 9 August 2004, a tariff contribution was introduced for the benefit of the National Fund for Electricity and Gas Industries (CNIEG). This contribution, which is based on electricity and natural gas transmission and distribution services, is intended (...)

Opinion No 2013-011 of 24 April 2013 of the Rail Regulatory Authority is interesting in that it follows an opinion delivered three months earlier. In its opinion No 2013-002 of 30 January 2013, the Authority had given an unfavourable opinion on the project presented by Réseau Ferré de France (...)

CE, 20 March 2013, Sieil, Sipperec, req. no. 346971- ; 346972 CE, 20 March 2013, Sieil, Sipperec and Association "Robin Hood", req. n° 354321 , 356816, 357500, 357501, 357502 While the theme of Smart Grids, in particular the installation of 35 million new Linky meters by 2020, is at the (...)

Fair trial rules indirectly imply a separation, within independent regulatory authorities, between the functions of prosecution, investigation and deliberation (ECHR, 11 June 2009, Dubus v. France, No. 5242/04). In anticipation of this, the French legislature has sometimes created, within the (...)

Very soon after issuing its Decision No. 2012-1353 by which it set the third tariff framework for the universal postal service (see above), the Commission decided that it was necessary to adopt a new tariff framework for the universal postal service.), the Authority had to decide on the (...)

In accordance with the relevant provisions of the French Post and Electronic Communications Code (cf. Article L. 5-2 and Article R. 1-1-13 of the Code), La Poste as the universal postal service provider must transmit to the Autorité de régulation des communications électroniques et des postes any (...)

The Energy Regulatory Commission (CRE, 9 October 2012, deliberation on the proposal for public service charges for electricity and the unit contribution for 2013) has once again issued a proposal for the CSPE’s unit contribution that goes far beyond what the government wants to hear. This effort (...)

CRE, 28 June 2012, Compliance with codes of conduct and independence of electricity and natural gas system operators, 2011 Report Distribution system operators (DSOs) and transmission system operators (TSOs) in the field of electricity and natural gas have a monopoly activity. In this context, (...)

EC, 4 June 2012, BT France, No. 351976 The procedure derived from Articles 7 and 16 of the so-called Framework Directive 2002/21/EC of 7 March 2002 is probably the most characteristic of the regulatory action implemented by national authorities. However, this regulatory intervention in the (...)

CRE, Deliberation of 9 May 2012 on the conditions for connection and access to the public transmission system of new interconnections referred to in Article 17 of Regulation (EC) No 714/2009 of 13 July 2009 Article 17 of Regulation 714/2009 of 13 July 2009 on conditions for access to the (...)

ARCEP, Dec. No. 2012-0484 of May 3, 2012 setting the final assessments of the cost of universal service and operators’ contributions for 2010. By its decision of 3 May 2012, the regulatory authority shall determine the final cost of the universal service obligations for the year 2010. On the (...)

Trib. UE, 29 March 2012, Telefónica and Telefónica de España v Commission, Case T-336/07 The Court confirms that the Commission remains competent to find an infringement under Article 102 TFEU even though a national regulatory authority could have examined the compatibility of the practices with (...)

ARCEP, dec. no. 2011-1469 of 20 December 2011 imposing a sanction on Numericable SAS and NC Numericable, pursuant to Article L. 36-11 of the French Post and Electronic Communications Code. What should Numericable companies have to do following a dispute settlement decision that proved them (...)

CJEU, 21 December 2011, Enel Produzione, case C-242/10 The gradual liberalisation of markets often raises the issue of the particular constraints on incumbent operators. Indeed, the latter, showing a keen competitive will, very often challenge legislation which seeks to impose significant (...)

(see also, infra, "public sector" column, obs. G. Marson). EC (ord.), 28 November 2011, National Association of Energy Retail Operators (ANODE), No 353554 Grouping together several alternative suppliers, the national association of energy retail operators (ANODE) has asked the interim relief (...)

CoRDiS of the CRE, dec. of October 19, 2011 on the dispute between AGAT et Fils and ERDF concerning the conditions for connecting a photovoltaic production facility to the public electricity distribution network CoRDiS of the CRE, dec. of 19 October 2011 on the dispute between KEZAKO (...)

CoRDiS of the CRE, dec. of 24 October 2011 on the dispute between Soleol II and ERDF concerning the conditions for connecting a photovoltaic power plant project to the public electricity distribution network CoRDiS of the CRE, dec. of 24 October 2011 on the dispute between Voltalia and Parc (...)

CE, 15 February 2012, Syndicat intercommunal de la périphérie de Paris pour l’électricité et les réseaux de communication (SIPPEREC), n° 332640 Although Ordinance No. 45-1483 of 30 June 1945 on prices was repealed by Ordinance No. 86-1243 of 1 December 1986 on freedom of prices and competition, (...)

ARCEP, opinion no. 2012-0206 of 14 February 2012 on La Poste’s tariff files of 13 January 2012 relating to offers for the dispatch of parcels falling within the scope of the universal service In accordance with Article L. 5-2 of the French Post and Electronic Communications Code, on 13 January (...)

CRE, deliberation of 2 February 2012 giving its opinion on the draft decree amending Decree 2004-325 of 8 April 2004 on the special tariff for electricity as a basic necessity and Decree 2008-778 of 13 August 2008 on the supply of natural gas at the special solidarity tariff Concordant Aut. (...)

CE, 30 January 2012, Radio 13, No. 335966 Although Article 1 of the Act of 30 September 1986 on freedom of communication states that "communication to the public by electronic means is free", this freedom may be restricted, however, in particular because of "technical constraints inherent in (...)

CRE, decision of 26 July 2011 on the rules for drawing up the procedure for processing requests for the connection of new interconnections to the public electricity transmission system In order to physically connect an installation to the public power grid and to be able to inject or withdraw (...)

ARCEP, dec. no. 2011-0846 of July 21, 2011 ruling on a request for the settlement of a dispute between Free Infrastructure and France Télécom. ARCEP, dec. no. 2011-0893 of July 26, 2011 ruling on a request for settlement of a dispute between France Télécom and Free Infrastructure In the context (...)

ARCEP, dec. no. 2011-0809 of 12 July 2011 ruling on a request for settlement of a dispute between Towercast and TDF What is the scope of ARCEP’s recognized competence to control the situation of an operator exercising significant influence on the wholesale market for audiovisual broadcasting (...)

ARAF, Dec. No. 2011-016 of July 8, 2011 concerning the request made by Novatrans in the context of a dispute between RFF and Combiwest concerning the terms and conditions for modifying a train path. On the occasion of a decision on a dispute between Novatrans and RFF concerning the granting of (...)

EC, 3 May 2011, Voltalis, No. 331858 In order to control energy demand, the mechanism of diffuse deletions, still at the stage of legal and financial experimentation, can be described as the proposal made by electricity operators to consumers to reduce their available power during peak (...)

ARAF, opinion no. 2011-006 of 23 March 2011 on the draft decree on the traffic and traffic management service and on various railway provisions ARAF, Dec. No. 2011-010 of 3 May 2011 ruling on a request for settlement of a dispute between Euro Cargo Rail and SNCF and RFF concerning freight (...)