Thierry Tuot

French State Council (Paris), Universite du Havre
Associate Professor, Conseiller d’Etat

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French State Council (Paris)
French State Council (Paris)
French State Council (Paris)
French State Council (Paris)
French State Council (Paris)


123118 Review

Dominique Berlin, Santiago Soldevilla Fragoso, Thierry Tuot Conference - Public authorities and competition : Ex-post competition law control and violation of competition provisions (Round Table IV - Paris, 7 May 2010)


Ex-post competition law control and violation of competition provisions Dominique BERLIN 1. The last topic chosen by the organizers of this day should allow to take stock of the litigation relating to "texts and decisions" that infringe competition law. In a way, it is the logical (...)

Thierry Tuot Electronic communications - Third party rights: The ECJ rules that third party rights in market assessment proceedings are to be assessed globally and not by a step by step verification (Tele2 Telecommunication)


ECJ, 21 February 2008, Tele2 Telecommunication GmbH v. Telecom Control Kommission, case C-426/05 Regulatory authorities, increasingly bound by quasi-judicial procedural rules, are often embarrassed to determine who are the parties which, according to the established formula, should be (...)

Thierry Tuot Electronic communications - Exclusive rights : The ECJ rules that a Member State is not allowed to perceive a fee as a counterpart of exclusive rights after the date on which said rights are to be dismantled (Telecom Italia)


ECJ, 21 February 2008, Telecom Italia Spa v. Ministero dell’Economia, case C-296/06 A ruling by the Court of Justice in favour of the former incumbent telecommunications operator sheds interesting light on the limits of tolerable discrimination against former monopolies. The Italian Government (...)

Thierry Tuot Postal services : The European Parliament and Council propose a third modification of the directive on competition on the market of postal services with new role for public regulation authorities and new rules for universal service financing (Proposal for a new Postal services Directive)


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 (...)

Thierry Tuot Electronic communications - Licence fees: The Council of State ratifies the licence fee’s thresholds for occupation of public domain (Syndicat professionnel Union des aéroports français)


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 (...)

Thierry Tuot Telecommunications - Fee for the use of public property: The Council of State holds that a fee which is not proportionate to its counterpart is a tax which must be enacted by the Parliament (Free)


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, (...)

Thierry Tuot Judicial review of the Regulator’s decisions: The French Council of State confirms that it is to review in detail all decisions, including market definitions and assessment of operators’ market power (UPC France)


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 (...)

Jean-Paul Tran Thiet, Thierry Tuot, Vincent Jaunet Energy - Regulated tarifs - Privatisation: The French Constitutional Court rules on the lawfulness of energy regulated tarifs and GDF privatisation (Secteur de l’énergie)


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 (...)

Thierry Tuot Telecommunications - Price: The Government adopts a decree setting a price cap for the price of use of public properties by telecommunication operators (Decree, Dec., 27 2005)


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 (...)

Thierry Tuot Electricity - Gas - Independence of grid managers: The Regulatory Commission for Energy issues its first annual report on independence of grid managers and implementation of independence compliance rules (CRE, 2005 Report)


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 (...)

Thierry Tuot Electricity: The Paris Court of Appeal decides that the Regulatory Commission for Energy can not impose on a netwotk’s user an injunction to enter into an agreement (Cerestar)


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 (...)

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