Baker Mckenzie (Paris)

Simon Daboussy

Baker Mckenzie (Paris)
Lawyer (Associate)

Simon Daboussy has expertise in general administrative law, specifically in public contracts law, energy law and administrative litigation. Simon has strong experience in regulatory aspects relating to electricity, gas, postal services and railway transport including litigation and contractual issues. He joined the Public/Environment law Group of Baker & McKenzie in January 2006 and became a Senior Associate in July 2010

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Baker Mckenzie (Paris)

Articles

7187 Review

Emmanuel Guillaume, Simon Daboussy Transports : The French Supreme Administrative Court validates the analysis of the Railway Operations Regulatory Authority related to the first offer of consecutive cabotage (Région PACA)

268

EC, 30 Jan. 2015, Provence-Alpes-Côte d’Azur Region, No. 374022 On 30 January 2015, the Council of State delivered a judgment in the Provence-Alpes-Côte d’Azur Region (req. No 374022) concerning the opinion of the regulatory authority for railway activities (ARAF) on the impact of the passenger (...)

Emmanuel Guillaume, Simon Daboussy Railway reform : The French Railway Operations Regulatory Authority issues negative opinions regarding three draft decrees implementing the new law on railway reform

192

ARAF, Opinion No. 2014-023 pdf/araf_2014-023_avis_sncf.pdf, 2014-024 pdf/araf_2014-024_avis_sncfreseau.pdf, 2014-025 pdf/araf_2014-025_avis_sncfmobilites.pdf and 2014-026 pdf/araf_2014-026_avis_fonctionsessentielles.pdf of November 27, 2014 Directive 91/440 of 29 July 1991 established the (...)

Emmanuel Guillaume, Simon Daboussy Nuclear energy : The French Competition Authority delivers its opinion on the draft decree amending the rules of regulated access to historical nuclear energy

160

On October 20, 2014, the French Competition Authority issued Opinion No. 14-A-16 on the draft decree amending Decree No. 2011-466 of April 28, 2011 setting the terms and conditions for regulated access to historic nuclear electricity (ARENH). The case was referred to the Minister of the (...)

Emmanuel Guillaume, Simon Daboussy Access to customer data : The French Competition Authority orders an incumbent gas operator to grant competitors access to customer data (Direct Energie)

206

By this decision of 9 September 2014, the competition authority requires GDF Suez to disclose part of its customer database to its competitors. GDF Suez has announced that the group will appeal this decision to the Paris Court of Appeal, which will have one month to decide. The opening of the (...)

Emmanuel Guillaume, Simon Daboussy Railway activities : The French Competition Authority delivers its opinion on the project relating to separation of accounts for the historical operator’s infrastructure activities

141

On 11 July 2014, the competition authority issued an opinion No. 14-A-09 relating to the proposed accounting separation of SNCF’s infrastructure activity. It was called upon to give its opinion pursuant to Article L. 2133-4 of the French Transport Code, which provides that "the authority (...)

Emmanuel Guillaume, Simon Daboussy Natural gas : The French Energy Regulatory Commission publishes its opinion on the pricing of ancillary services provided by distribution system operators of natural gas

87

In France, natural gas distribution system operators (DSOs) are responsible for transporting natural gas on the distribution networks to final customers on behalf of their users. In addition to transmission services, DSOs may provide ancillary services at the request of suppliers and end (...)

Emmanuel Guillaume, Simon Daboussy Gas rates : The French Energy Regulatory Commission audits procurement and non-procurement costs used as a basis for calculating regulated natural gas sales rates

99

Under the terms of Article L. 445-3 of the Energy Code, "regulated tariffs for the sale of natural gas are defined according to the intrinsic characteristics of the supplies and the costs associated with these supplies. They cover all of these costs, excluding any subsidy for customers who have (...)

Emmanuel Guillaume, Simon Daboussy Gas tariffs: The French Energy Regulation Commission issues several decisions regarding the regulated sale prices scales offered by the historical operator while recalling the need to respect the principle of equality

120

CRE, deliberation of 30 October 2013 verifying the compliance of the scale of regulated tariffs for the sale of gas in public distribution proposed by GDF Suez on 1 November 2013 with the tariff formula set by the order of 27 June 2013 CRE, deliberation of November 28, 2013 verifying the (...)

Emmanuel Guillaume, Simon Daboussy Rail activities: The ARAF validates version 2 of the rules for the separation of accounts for the passenger terminals activity of the historical operator

121

Article L. 2123-1 of the Transport Code, resulting from Order No. 2010-1307 of 28 October 2010, requires station management activities, when carried out by SNCF, to be accounted for separately from the operation of transport services. In accordance with Article L. 2133-4 of the same code, also (...)

Emmanuel Guillaume, Simon Daboussy Rail transport: The Court of Justice condemns France for a failure to fulfil obligations resulting from European Union law regarding rail transport (French Republic)

216

On 18 April 2013, the Court of Justice of the European Union (hereinafter CJEU) ruled against France for failure to fulfil its obligations under Union law in the field of rail transport. The European Commission had filed an action for failure to fulfil obligations against France and several (...)

Emmanuel Guillaume, Simon Daboussy Energy - Gas: The French Energy Regulatory Commission issues several decisions regarding regulated sale prices for gas and new applicable tariffs formula

121

After a long series of contentious annulments censoring decrees relating to regulated tariffs for the sale of natural gas supplied from GDF Suez’s public distribution networks (see CE, order, 28 November 2011, ANODE, No. 353554; CE, 10 July 2012, ANODE, No. 353356; CE, order, 29 November 2012, (...)

Emmanuel Guillaume, Simon Daboussy Energy - Natural gas - Regulated prices: The Council of State suspends the administrative order dated 26 September 2012 providing for regulated sale prices for natural gas (ANODE)

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This Conseil d’État order opens a new chapter in the saga of appeals against the decrees setting the regulated tariffs for the sale of natural gas supplied from GDF Suez’s public distribution networks. The application of the tariff formula provided for in the order of 22 December 2011 was expected (...)

Emmanuel Guillaume, Simon Daboussy Tansports - Rail - Electricity fee: The French NRA specifies rules concerning the supply and invoicing conditions for the supply to the rail operators of electricity for traction

142

Euro Cargo Rail (ECR), as a railway undertaking, has concluded a contract for the use of the national railway network managed by Réseau Ferré de France (RFF) for its freight transport activities. This contract provided for the supply of traction current as an additional service. Railway (...)

Emmanuel Guillaume, Simon Daboussy Electricity – Gas: The European Commission gives conditional approval to aid component in regulated electricity tariffs in France and calls on France to revise its system of regulated prices for non-household users

235

Commission press release IP/12/542 of 31 May 2012, Regulated natural gas tariffs in France for non-household consumers, additional reasoned opinion Eur. Comm. press release IP/12/595 of 12 June 2012, regulated electricity tariffs in France, aid C17/2007 At the European level, energy selling (...)

Emmanuel Guillaume, Simon Daboussy Energy – Electricity: The Council of State quashes article 8 of the ordinance dated 9 May 2011 codifying the legal part of the energy code (EDF)

233

CE, March 21, 2012, EDF, n° 349415 In a judgment of 21 March 2012 (req. no. 349415, to be published in Lebon), the Conseil d’État has just annulled Article 8 of Order no. 2011-504 of 9 May 2011 codifying the legislative part of the Energy Code. 1. The origins of Article 8 of the Ordinance of 9 (...)

Emmanuel Guillaume, Simon Daboussy Energy – Electricity: The standing committee for disputes and sanctions (CoRDiS) of the French NRA refuses to characterize as an administrative act the issuance or non-issuance of a technical and financial proposal and to producers to benefit from a derogation to the suspension of purchase obligation (Cap Solar Mazan et al.)

417

CRE CoRDiS, 21 March 2012, Cap Solar Mazan c/ Electricité Réseau Distribution France (ERDF), n° 251-38-11 CRE CoRDiS, 21 March 2012, Cap Solar Montélimar c/ Electricité Réseau Distribution France (ERDF), 257-38-11 ("Bren" project) CRE CoRDiS, 21 March 2012, Cap Solar 82 c/ Electricité Réseau (...)

Emmanuel Guillaume, Simon Daboussy Energy – Electricity: The Council of State leaves to Paris administrative court jurisdiction over request for reimbursement of contribution for the electricity public service (Ciments Calcia)

238

CE, 5 March 2012, Ciments Calcia, No. 346410 As illustrated by the commented judgment of the Conseil d’État of 5 March 2012, the dispute over the decisions of the Commission de régulation de l’énergie (CRE) is becoming increasingly complex. In this case, Ciments Calcia had applied to CRE for (...)

Emmanuel Guillaume, Simon Daboussy Energy – Electricity: The Council of State confirms the validity of a decree suspending the obligation to purchase the electricity generated by some photovoltaic installations (Ciel et Terre)

294

EC, 16 November 2011, Ciel et Terre e.a., No. 344972 The law of 10 February 2000 on the modernisation and development of the public electricity service introduced an obligation to purchase electricity from photovoltaic installations, while leaving the setting of feed-in tariffs to the (...)

Emmanuel Guillaume, Simon Daboussy Postal services: The French NRA fines the incumbent operator for failing to include an offer for the shipment of small items at an affordable price (La Poste)

289

ARCEP, dec. no. 2011-1453 of 20 December 2011 imposing a sanction on La Poste, pursuant to Article L. 5-3 of the French Post and Electronic Communications Code. In a decision dated 20 December 2011, the Autorité de Régulation des Communications Électroniques et des Postes (ARCEP) fined La Poste (...)

Emmanuel Guillaume, Simon Daboussy Rail activities: The French Competition Authority gives its opinion on the draft decree on passenger terminals and on the proposed separation of accounts for the passenger terminals activity of SNCF

437

Concise Aut. opinion No. 11-A-15 of 29 September 2011 on a draft decree relating to passenger stations and other service infrastructures of the railway network Concise Aut. opinion n° 11-A-16 of 29 September 2011 on the proposed separation of accounts for passenger station activities within (...)

Emmanuel Guillaume, Simon Daboussy Energy – Electricity: The French Competition Authority considers not to have jurisdiction over certain practices of French transmission system operator and notes the absence any evidence sufficient to characterize an abuse of dominant position or of economic dependency from the French power operator (EDF and RTE)

571

Aut. conc. dec. no. 11-D-09 of June 8, 2011 concerning practices implemented by EDF and RTE in the electricity sector (See also, supra, "Unilateral Practices" column, obs. F. Marty and, infra,"Public Sector" column, obs. J. Ph. Kovar) The Syndicat National des Producteurs Indépendants (...)

Emmanuel Guillaume, Simon Daboussy Energy – Gas: The standing committee for disputes and sanctions of the electricity regulation commission sanctions the natural gas transmission system operator for the failure to respect its obligation of transparency and precises the load of connection activities belonging to each party of the connection agreements (SICAE - Somme and Cambraisis/GRTgaz)

576

CoRDiS of the CRE, dec. of April 29, 2011 on the dispute between the SICAE de la Somme et du Cambraisis and GRTgaz concerning the application of contracts relating to the interface between transmission and distribution operators, to the services provided by the SICAE de la Somme et du (...)

Emmanuel Guillaume, Simon Daboussy Energy – Electricity: The standing committee for disputes and sanctions of the electricity regulation commission reviews the details of enforcement of the provisions stating for disjunction hours of the intermittent electricity production facilities (Volta Guyane/EDF and Voltalia Organabo Investissements/EDF)

710

CoRDiS of the CRE, dec. of March 28, 2011 on the dispute between Voltalia Organabo Investissements and EDF CoRDiS of the CRE, dec. of March 28, 2011 on the dispute between Volta Guyane and EDF It results from the initial drafting of the provisions of Articles 19 and 22 of the Order of 23 (...)

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