Baker McKenzie (Paris)

Michaël Perche

Baker McKenzie (Paris)

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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2913 Review

Francis Donnat, Michaël Perche Judicial Review: The French Supreme Administrative Court annuls the deliberation n°2022-25 of the Energy Regulatory Commission concerning the rules relating to the programming, the balancing mechanism and the balance responsible mechanism for lack of consultation of the market players (e-Pango)


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 (...)

Francis Donnat, Michaël Perche Audiovisual: The French Parliament adopts the law n°2022-52 of 24 January 2022 on criminal responsibility and internal security and the French Government adopts the decree n°2022-517 of 8 April 2022 bringing welcome modifications and adjustments to the different sanction procedures


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. (...)

Francis Donnat, Michaël Perche Personal data: The French Supreme Administrative Court confirms the sanction imposed by the French National Commission for Information Technology and Civil Liberties on a famous search engine, notably for having placed advertising cookies on users’ computers without prior consent or satisfactory information (Google)


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, (...)

Emmanuel Guillaume, Michaël Perche Electricity: The French Administrative Supreme Court censures the interpretation given by the French Energy Regulatory Commission of a case of force majeure likely to prevent an operator from complying with the obligation to pay the regulated access to historic nuclear electricity (Hydroption)


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 (...)

Emmanuel Guillaume, Michaël Perche General: The French Supreme Administrative Court makes recommendations for the harmonisation, simplification and greater clarity of controls and procedures after noting the stratification and multiplication of powers given to state administrations and the lack of an overall vision


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 (...)

Emmanuel Guillaume, Michaël Perche Electronic communications: The Paris Administrative Court rejects Bouygues Télécom’s claim for 2.285 billion euros in compensation (Bouygues Télécom)


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 (...)

Emmanuel Guillaume, Michaël Perche Personal data: The French Administrative Supreme Court upholds the decision of the French National Commission on Informatics and Liberty to impose the explicit consent of the non-member customers of online sale websites for the conservation of their credit card numbers to facilitate future purchases (Cdiscount)


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 (...)

Emmanuel Guillaume, Michaël Perche Electricity: The French Administrative Supreme Court considers that parties to a power purchase agreement cannot derogate from the relevant legislation, and in particular from the feed-in tariffs set by ministerial orders (Corsica Sole)


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°) (...)

Emmanuel Guillaume, Michaël Perche Financial markets: The French Administrative Supreme Court upholds the €50 million sanction imposed on a banking establishment due to the inadequacy of its control mechanisms on money orders (La Banque Postale)


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 (...)

Emmanuel Guillaume, Michaël Perche Transports: The French Government entrusts the French Regulatory Authority for Rail and Road Activities with powers previously vested in the Independent Airport Charges Supervisory Authority (Ord. n° 2019-761)


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 (...)

Emmanuel Guillaume, Michaël Perche Energy: The French Supreme Administrative Court rules on the conventionality procedure applicable before the Dispute Settlement and Sanctions Committee of the French Energy Regulatory Commission in case of refusal to implement a sanction (UFC-Que Choisir)


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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