Francis Donnat is a partner with Baker McKenzie, based in Paris. He began his professional life as member of the "Conseil d’Etat" (French Administrative Supreme Court and legal advisor to the government) from 1998 to 2005. He was also legal adviser to the Ministry of National Education, and served as rapporteur to the Court of Budgetary and Financial Discipline (CDBF). Between 2005 and 2012 he acted as chief of staff and référendaire to the French judge at the Court of Justice of the European Union (CJEU) in Luxembourg. He joined Google in 2012 as counsel, head of policy for France. From 2016 to 2021 Francis Donnat acted as general secretary and member of the executive committee of France Télévisions, the French public broadcaster and first French media group. He taught public law for many years at the Institut d’Etudes Politiques in Paris and public law and European Union law at the University of Strasbourg, where he was an associate professor.
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A dispute concerning the repayment of European aid intended to support the promotion of wines allowed the Conseil d’Etat (Council of State) to settle two questions concerning, on the one hand, the rules of prescription applicable in the event of litigation relating to the payment of European (...)
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The junction between the financing of cinema and audiovisual media and State aid law is at the origin of a case which, initially supposed to revolve around the notion of "alteration to existing aid", has come, after a contentious detour, to clarify what constitutes a tax measure hypothecated (...)
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The Conseil d’Etat (Council of State) had, in a decision of 28 May 2014 taken after a preliminary reference to the Court of Justice of the European Union, annulled various ministerial orders setting the conditions for the purchase of electricity produced by wind power installations, on the (...)
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The Regulatory Authority for Audiovisual and Digital Communication [hereinafter "ARCOM"] has opened a public consultation, from March 15 to April 21, 2023, on its draft deliberation on the measures to be implemented by operators of user interfaces to ensure appropriate visibility of (...)
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The purpose of power purchase agreements (PPAs ) is to organize the sale of electricity between a producer and a final consumer of electricity. (This article deals with physical power purchase agreements, not Virtual Financial Agreements ( VFAs), under which the consumer undertakes to pay the (...)
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In its capacity as operator of the public electricity transmission system, RTE is required to ensure the balance of electricity flows on the network, in accordance with the provisions of Article L.321-10 of the Energy Code. The context of the case Article L.321-15 of the same code also (...)
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On September 16, 2022, the European Commission tabled a proposal for a Regulation of the European Parliament and of the Council establishing a common framework for media services in the internal market (European legislation on media freedom) and amending Directive 2010/13/EU, also known as the (...)
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Interview conducted by Francis Donnat, Partner at Baker Mckenzie in Paris. ********** I. The Court of Justice Can you briefly describe the role of a judge at the Court of Justice of the European Union and, in a few figures, what is the level of activity of the Court? The Court of (...)
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The Digital Market Act (DMA) was born out of a combination of three elements: the desire to regulate certain very large online platforms that have acquired substantial control over access to digital markets; the perceived inadequacies and slowness of competition law in this regard; and the (...)
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Created by law n°2010-1488 of December 7, 2010, the mechanism of regulated access to historical nuclear electricity, known as "ARENH", aims to allow so-called "alternative" suppliers (as opposed to the historical supplier EDF) to obtain electricity fromEDF, "under economic conditions (...)
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A few days after the announcement of the end of the merger project between TF1 and M6, the two regulators, the Autorité de Régulation de la Communication Audiovisuelle et Numérique [hereinafter "ARCOM"] and the Autorité de Régulation des Communications Électroniques, des Postes et de la (...)
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In the wake of Article 33 of Law No. 2022-52 of January 24, 2022 on criminal liability and homeland security, Decree No. 2022-517 of April 8, 2022 amended Decree No. 2019-536 of May 29, 2019, issued for the application of the "Information Technology and Civil Liberties" law of January 6, 1978. (...)
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Two references for preliminary rulings from the Belgian and Austrian courts have enabled the Court of Justice to clarify its case law on the application of the ne bis in idem principle in two different situations: on the one hand, with regard to the link between sectoral regulations and (...)
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Under Articles 1 and 15 of Law No. 86-1067 of September 30, 1986 on freedom of communication, the audiovisual regulator - the Conseil supérieur de l’Audiovisuel [hereinafter "CSA"] - replaced on January 1, 2022 by the Autorité de régulation de la communication audiovisuelle et numérique (...)
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Since September 5, 2022, the date of entry into force of law no. 2022-300 of March 2, 2022 aimed at reinforcing parental control over means of access to the Internet (Decree no. 2022-1212 of September 2, 2022 relating to the entry into force of law no. 2022-300 of March 2, 2022 aimed at (...)
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After being fined 50 million euros in 2019 by the CNIL for various breaches of the rules on consent for processing for the purposes of personalization of advertising and the obligations of information and transparency, which was validated by the Council of State (CE, June 19, 2020, Google LLC, (...)
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Grands arrêts du droit de la concurrence - Pratiques anticoncurrentielles - Volume II : Mise en oeuvre
