Simon Daboussy

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 (...)

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 (...)

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 (...)

The national rail network reference document (DRR) describes the principles and procedures for access to French rail infrastructure. Article L. 2133-6 of the Transport Code provides that the Autorité de Régulation des Activités Ferroviaires (ARAF) issues a reasoned opinion on the DRR of any (...)

In two deliberations, one on 25 June 2013 and the other on 25 July 2013, the French Energy Regulatory Commission (CRE) issued a favourable opinion on the draft tariff order relating to the regulated tariffs for the sale of gas in public distribution by GDF Suez and noted that the proposed scale (...)

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 (...)

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 (...)

The European Commission has sent France and the United Kingdom a formal request to comply with the European rules on the fixed cross-Channel link resulting from the 2001 railway package (Directives 91/440/EC and 2001/14/EC). It explains this in a press release dated 20 June 2013 (European (...)

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 (...)

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, (...)

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 (...)

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 (...)

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 (...)

CE, 12 April 2012, Syndicat national des producteurs d’énergie photovoltaïque, n° 337528 In autumn 2009, the Government announced a downward change in the tariffs set by the decree of 10 July 2006 setting the conditions for purchasing electricity produced by installations using the radiative (...)

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 (...)

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 (...)

ARAF, Activity Report 2010-2011 Pursuant to Article L. 2131-2 of the Transport Code, the Autorité de régulation des activités ferroviaires (hereinafter ’ARAF’) publishes an annual activity report which ’reports on the investigations carried out by the authority and assesses the effects of its (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)