Thierry Tuot

Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services, OJ L 52, 27.2.2008, p. 3-20. The opening of the postal market to competition was (...)

CE, 11 July 2007, Syndicat Professionnel Union des Aéroports Français and others, n° 290714, 290729, 290772, 290905 One of the essential dimensions of regulating a market open to competition is the establishment of a level playing field in terms of the environment of each of the players: none of (...)

Grenelle de l’environnement and regulation It may come as a surprise to see the conclusions of the process strangely named "Grenelle de l’environnement" mentioned here, in which it is not certain that the word regulation will have been uttered even once during the debates, but it is nevertheless (...)

Decree No. 2007-1057 of 29 June 2007 amending Decree No. 2004-250 of 19 March 2004 on the authorisation of gas supply, Decree No. 2004-251 of 19 March 2004 on public service obligations in the gas sector and Decree No. 2003-302 of 1 April 2003 on the eligibility of natural gas consumers, JORF (...)

Cass. com, 29 June 2007, Société Bouygues Télécom and others, No. 07-10.303 and others, "Mobile telephony". It will be remembered that in the summer of 2001, the Competition Council decided, as part of its self-referral powers, to look into the state of competition in the mobile telephony market. (...)

CE, April 25, 2007, Société Free, n° 287486 The power to charge for the use of critical infrastructure or to price scarce resources in a market is a major instrument in the arsenal of any regulator. The absence in France of theoretical reflection on the role of regulation in public action and, (...)

EC Commission, 10 January 2007, Communication "An Energy Policy for Europe", COM(2007) 1 final, SEC(2007) 12. As this column goes to press, the Commission of the European Union has just made public the "energy package" which was eagerly awaited in the field of energy policy, but also for the (...)

CE, 29 December 2006, UPC France, n° 288251 In a ruling handed down on Friday 29 December 2006, the Conseil d’État stated that it was conducting an in-depth review of ARCEP’s decisions on market delineation and the assessment of the influence - dominant or not - of an operator on this market. In (...)

Law n° 2006-1537 of 7 December 2006 relating to the energy sector, JORF n° 284 of 8 December 2006 p. 18531 Cons. const. dec. no. 2006-543 DC of 30 November 2006, Law on the energy sector, JORF no. 284 of 8 December 2006 p. 18544 The decision of the Constitutional Council n° 2006-543 DC of 30 (...)

Law n° 2006-1537 of 7 December 2006 relating to the energy sector, JORF n° 284 of 8 December 2006 p. 18531 The law of December 8, 2006 caused a lot of emotion because of its articles concerning the merger between GDF and Suez, but much less with regard to the evolution of the status of the (...)

Draft law on the energy sector adopted by the National Assembly at first reading on 3 October 2006; debates in progress in the Senate during October 2006 We complained enough about the lack of political debate on regulation not to ignore the pleasure we had in seeing that during the debate on (...)

Decree 2006-1034 of 21 August 2006 on access to underground natural gas storage facilities Gas consumption in an industrialized country is cyclical and roughly follows the rhythm of the seasons. The constraints on suppliers are therefore significant: they must be able to supply the quantities (...)

Bill No. 3201 of 28 June 2006 relating to the energy sector The vigorous political controversy over the fate of Gaz de France has led to a loss of sight of the fact that the draft law allowing its privatisation includes an important element of transposition of the 2003 electricity and gas (...)

Office parlementaire d’évaluation de la législation, Rapport sur les autorités administratives indépendantes, by Senator P Gélard, 15 June 2006 The Parliamentary Office for the Evaluation of Legislation, a joint body of the National Assembly and the Senate, has just released an important report by (...)

CRE, communication of 16 March 2006 on Virtual Power Plants When EDF acquired an interest in the capital of one of its German competitors, the Commission took the view that EDF’s production monopoly in France was such that the acquisition of control by one of the few foreigners able to (...)

CRE, decision of 8 March 2006 ruling on a dispute between Altergaz and Gaz de France (access to storage) Since the CRE became competent to regulate the gas sector, it was quite surprising that it had not received any requests for dispute settlement. While we certainly did not expect the (...)

The Council of State limits the requirements for respecting the contradictory nature of the procedure when a regulatory authority is seized for an opinion by the judge. CE, 13 February 2006, Société Fiducial informatique and Société Fiducial expertise, n° 279180 The above-mentioned judgment of (...)

Decree No. 2005-1676 of 27 December 2005 relating to fees for occupying non-road public property, rights of way on public road property and easements on private property provided for in articles L. 45-1, L. 47 and L. 48 of the Many communications operators had hoped to benefit from substantial (...)

CRE, Annual report on compliance with codes of conduct and independence of electricity and natural gas system operators, November 2005 Among the mechanisms more familiar to practitioners of Anglo-Saxon law than to those accustomed to French public law, the 2003 directives and the French law (...)

Minister for the Economy, Finance and Industry and Minister Delegate for Industry, decision of 23 September 2005 approving the tariffs for the use of public electricity transmission and distribution networks, JORF n° 233 of 6 October 2005, p.1588 The Official Gazette of 6 October published the (...)

Law n°2005-781 of 13 July 2005 on the programme setting the orientations of the energy policy, JORF n°163 of 14 July 2005, p. 11570 Corrigendum While the bill had twelve articles when it was tabled in Parliament, Law No. 2005-781 of 13 July 2005 on the programme setting out energy policy (...)

CRE, Sixth Activity Report of the Energy Regulatory Commission - 2005 True to the tradition it established in the first year of its operation, the CRE has just published its activity report, covering the period from 1 July 2004 to 30 June 2005, on 29 June. What it loses in terms of the (...)

Law No. 2005-516 of 20 May 2005 on the regulation of postal activities Act No. 2005-516 of 20 May 2005 on the regulation of postal activities transforms ART into ARCEP (Autorité de Régulation des Communications Électroniques et des Postes) to take account of Directives 97/67/EC of 15 December (...)

CA Paris, 1st ch. H, January 25, 2005, Cerestar v RTE, RG 2004/12111 The decision of the Court of Appeal in the Cerestar case raises some questions about the place and role of the "dispute settlement authority" (in this case the Energy Regulatory Commission) in the organisation of the (...)

Decree 2004-1222 of 17 November 2004 on public service obligations and the financing of the universal service of electronic communications and amending the Postal and Electronic Communications Code Directive 2002/22 EC of 7 March 2002 on universal service and users’ rights relating to (...)

CE Sect, 29 December 2004, Minister of Economy, Finance and Industry v. S.A. Joseph Perasso et fils, No. 269992 In an opinion of its Litigation Division of 29 December 2004, Ministre d’État, Minister of the Economy, Finance and Industry v. S.A. Joseph Perasso et ses fils, delivered in accordance (...)

CRE, Dec. No. 04-38-01 of 6 May 2004, Safhloa c/EDF CRE, Dec. No. 04-38-02 of 25 May 2004, RTE c/ Cerestar CRE, dec. no. 04-38-03 of 27 May 2004, SARL de la Torre v/ EDF CRE, Dec. No. 04-38-04 of June 3, 2004, Sté Pouchon Cogen c/EDF CRE, Dec. No. 04-38-05 of June 4, 2004, Clariant Huningue (...)