Baker McKenzie (Paris)

Roman Roussel

Baker McKenzie (Paris)
Lawyer (Associate)

Roman Roussel works as Associate Lawyer at Baker McKenzie in Paris. He graduated from the London School of Economics and Political Science (LSE) and the University of Paris I Panthéon-Sorbonne.

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Articles

1901 Review

Emmanuel Guillaume, Roman Roussel Audiovisual: The French Supreme Administrative Court of State, after specifying that the decision by which the Conseil supérieur de l’audiovisuel refused to carry out an investigation is not subject to appeal on the grounds of misuse of power, reviews the grounds on which the regulator refused to give formal notice to a radio service publisher (Syndicat des radios indépendantes)

106

In accordance with Article 28 of Law No. 86-1067 of 30 September 1986 on freedom of communication, the Conseil supérieur de l’audiovisuel (CSA) issues authorisations for the use of radio resources for each new service broadcast by terrestrial radio - other than those operated by the national (...)

Emmanuel Guillaume, Roman Roussel Regulatory authority: The French Supreme Administrative Court confirms the annulment of a sanction imposed by the Airport Nuisance Control Authority pursuant to Article L. 6361-14 C. transp. in the version maintained in force by the Constitutional Council until June 30, 2018, on the grounds that the accumulation, by the President of this Authority, of prosecutorial and trial functions disregards the principle of impartiality guaranteed by Article 6 §1 of the ECHR

182

After reaffirming the principle that independent administrative authorities have standing of their own motion before the administrative court, the Conseil d’État confirms the annulment of a sanction decision taken by the Airport Nuisance Control Authority pursuant to Article L. 6361-14 of the (...)

Emmanuel Guillaume, Roman Roussel Electronic communications: The French Administrative Supreme Court defines the margin of interpretation that regulatory authorities have when exercising their power to impose sanctions whilst applying again two of its decisions to guidelines (La Quadrature du Net, Caliopen)

170

Article 82 of Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms, resulting from the transposition into French law of the so-called e-Privacy Directive (2002/58/EC) of July 12, 2002 amended in 2009, states that "Any subscriber or user of an electronic communications (...)

Emmanuel Guillaume, Roman Roussel Transport: The French Government keeps transforming the rail transport system, in the context of the fourth European railway package, by adopting a new regulatory framework for setting tariffs for the use of railway infrastructures (SNCF Réseau)

211

The Fourth Railway Package, adopted by the European Parliament and the Council of the European Union in 2016, completes the creation of the Single European Railway Area, which was initiated by the liberalisation of rail freight and international passenger services in 2007 and 2010. In (...)

Emmanuel Guillaume, Roman Roussel Impartiality: The French Supreme Administrative Court rules that Article 42-7 of Law no. 86-1907 of September 30th, 1986, which ensures within the French Audiovisual Council an effective separation between the prosecuting and investigating functions on the one hand, and the judging one’s on the other hand, does not violate the principle of impartiality (Comité de défense des auditeurs de Radio Solidarité)

174

The Act of No. 86-1067 of 30 December 1986 relating to freedom of communication gives the Conseil supérieur de l’audiovisuel (CSA) the power to sanction publishers and distributors of audiovisual communication services who do not comply with the formal notices to comply with the obligations (...)

Emmanuel Guillaume, Roman Roussel Impartiality: The French Administrative Supreme Court rules that one can, on the basis of the principle of impartiality, challenge the appointment of members or the president of an independent administrative authority and of an independent public authority (Fédération des médecins de France)

314

The Haute Autorité de Santé (HAS), which helps to regulate the French health system, is an independent public authority, pursuant to article L. 161-37 of the Social Security Code and the provisions annexed to Act No. 2017-55 of 20 January 2017 on the general status of independent administrative (...)

Emmanuel Guillaume, Roman Roussel Sanctions: The French Administrative Supreme Court annuls a decision of the Anti-Doping Agency on the basis of article L. 232-22, ruling that that it cannot decide in lieu of the Agency whether a sanction should be imposed on the interested party (M. A...B...)

143

Under the terms of Article L. 232-22-3° of the French Sports Code, the French Anti-Doping Agency (AFLD) may, on its own initiative, take up and reform disciplinary sanction decisions taken by sports federations in the event of a breach of the rules prohibiting the possession or use of doping (...)

Emmanuel Guillaume, Roman Roussel Data collection: The French Supreme Administrative Court highlights that Article L. 2132-7 of the French Transports Code allows, under courts supervision, the French Regulatory Authority for Road and Railway Activities to request useful information to passenger and freight railway undertakings for the performance of its tasks, provided that such operators do not support an excessive burden (UTP)

185

Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities has profoundly transformed the authority in charge of regulating the railway sector. Henceforth renamed Regulatory Authority for Railway and Road Activities (Arafer), due to the extension of its field of (...)

Emmanuel Guillaume, Roman Roussel Airport charges and taxes: The French Supreme Administrative Court dismisses actions on the merits lodged by airlines companies regarding the decision dated of September 1st, 2016, in which the French Independent Supervisory Authority approved Aéroports de Paris’ proposal on airport charges for the 2016 tariff period (Twin Jet)

211

Directive 2009/12/EC of 11 March 2009 on airport charges establishes common rules for the setting of charges to be paid by airport users for the use of airport infrastructure for the operation of aircraft and the handling of passengers and cargo. The directive applies to airports located in the (...)

Emmanuel Guillaume, Roman Roussel Data management: The French Regulatory Commission of Energy adopted the study committee report concerning the data available to managers of energy grids and infrastructures. The report aims to ensure that relevant data management becomes a tool for an efficient energy system (Regulatory Commission of Energy, Deliberation no. 2017-129)

205

I. The legal context The law of 17 August 2015 on the energy transition for green growth, the law of 7 October 2016 for a digital Republic and their implementing decrees have defined the legal and regulatory framework for the management and provision of data collected by energy network (...)

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