Michaël Perche works as Associate Lawyer in the Public/Environment practice group of Baker McKenzie in Paris. He graduated from Essec Business School and from the University of Paris II Panthéon-Assas. Before joining Baker McKenzie in 2016, he was an Associate Lawyer in the law firm Foussard – Froger (Lawyers at the Council of State and Court of Cassation). He also underwent several internships, notably in the law firms Gide Loyrette Nouel (2012) and Willkie Farr & Gallagher (2014), at Société Générale (2013) or at the Administrative Court of Paris (2011).
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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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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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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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The Regulated Access to Historic Nuclear Electricity ["ARENH"] allows all alternative electricity suppliers to obtain supplies fromElectricité de France ["EDF"] under economic conditions equivalent to those resulting for the latter from the use of its nuclear power plants. The framework of (...)
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The powers of investigation and control available to the administration to accomplish its missions of general interest is obviously a little explored and complex subject. These characteristics are due in particular to the proliferation of legal and regulatory texts on the powers used by the (...)
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Under the terms of Article L.42-1 of the French Post and Electronic Communications Code, "The Electronic Communications and Posts Regulatory Authority shall allocate authorisations for the use of radio frequencies under objective, transparent and non-discriminatory conditions, taking into (...)
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Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ["DPMR"] provides that processing is in principle lawful only if the data (...)
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Article 1 of Act No. 2016-1920 of 29 December 2016 relating to regulation, accountability and simplification in the private public passenger transport sector, known as the Grandguillaume Act, added a title to the Transport Code entitled "Connecting activities", Articles L. 3141-1 and L. 3141-2 (...)
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In a deliberation dated 18 April 2019, the Online Gaming Regulatory Authority ["ARJEL"], which has since become the National Gaming Authority ["ANJ"] by Ordinance No. 2019-1015 of 2 October 2019 reforming the regulation of gambling and games of chance, indicated that certain provisions of the (...)
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Pursuant to the provisions of Article 29 of Act No. 86-1067 of 30 September 1986 on freedom of communication, known as the "Léotard Act", the use of frequencies for the broadcasting of radio services by terrestrial hertzian means is authorized by the Conseil supérieur de l’audiovisuel. The (...)
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Article L.314-1 of the Energy Code, codifying Article 10 of Law No 2000-108 of 10 February 2000, states that: ’Électricité de France (...) [is required] to conclude, if the producers concerned so request, a contract for the purchase of electricity produced on national territory by : (...) 2°) (...)
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Article L. 562-2 C. mon. and end. provides that the Minister of the Economy and the Minister of the Interior may decide jointly, for a renewable period of six months, to freeze funds and economic resources "1° that belong to, are owned, held or controlled by natural or legal persons, or any (...)
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As of 1 October 2019, the Regulatory Authority for Rail and Road Activities became the Transport Regulatory Authority. This change of name was accompanied by the attribution of the competences previously vested in the Independent Airport Charges Supervisory Authority, in order to create a (...)
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Seized by a consumers’ association with a decision to refuse the member appointed by the CRE’s CoRDiS to follow up on a complaint lodged against ENEDIS, the electricity transmission system operator, the Conseil d’État has, on the one hand considered that the plea alleging breach of the (...)
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Article 47-4 of the Act of 30 September 1986 on freedom of communication stipulates that "the chairmen of France Télévisions, Radio France and the company in charge of broadcasting outside France are appointed for five years by the Conseil Supérieur de l’Audiovisuel, by a majority of its (...)
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Public electricity distribution system operators ("DSOs") are in charge of transporting electricity on public distribution networks to consumers. They charge network users for this transport, in accordance with the tariffs for the use of public distribution networks set by the Energy (...)
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In order to carry out the tasks entrusted to it by Articles L. 2131-1 et seq. of the French Civil Code, Arafer has a regulatory power described as "supplementary", enabling it to specify the conditions of access to the rail network and service infrastructures by means of texts that must be (...)
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