Hubert Delzangles

IEP Bordeaux
Professor

Hubert Delzangles is Law professor (Professeur agrégé des Facultés de droit) at the Political Studies Institute of Bordeaux University (Sciences-Po Bordeaux) where he teaches French and European Public Law. Hubert Delzangles is specialized in European and comparative Law and focuses on the Economic Regulation of public utilities, Services of General Interest, Competition and Public contracts Law. He wrote his thesis on “The independence of national regulatory authorities, electronic communications, energy and postal services”. He is now focusing his searches on environmental law, particularly on the environmental aspects of the energy regulation.

Linked authors

Université Bordeaux IV
University of Strasbourg
Université Caen Normandie
University Paris II Panthéon‑Assas

Articles

22287 Review

Sebastien Martin, Hubert Delzangles Postal service: The French Postal and Electronic Communications Authority determines the cost of the mission of general interest in territorial planning (La Poste)

87

While it is known that La Poste is the universal postal service provider and will be so until 31 December 2025 (cf. Article L. 2 of the Postal and Electronic Communications Code), certain additions to this universal service are less well known. Article L. 1 of the Postal and Electronic (...)

Sebastien Martin, Hubert Delzangles Transports: The French Regulatory Authority for Rail and Road Activities instructs the historic rail transport operator to comply with accounting separation rules (SNCF Mobilités)

107

Once again, the regulatory authority for rail and road activities is faced with SNCF Mobilités’ (non-)compliance with the rules of accounting separation. This could resemble a completely reprehensible habit because, as the regulator points out, ’where an undertaking holding a dominant position on (...)

Sebastien Martin, Hubert Delzangles Transports: The French Regulatory Authority for Rail and Road Activities becomes the Transport Regulatory Authority and is entrusted with the competence relating to airport charges (Ord. n° 2019-761)

81

Article 134 of Act No. 2019-486 of 22 May 2019 on the growth and transformation of enterprises (JORF No. 0171 of 25 July 2019) empowered the Government "to take by ordinance, within three months of the promulgation of this Act, any measure falling within the scope of the Act in order to (...)

Sebastien Martin, Hubert Delzangles Transports: The French Regulatory Authority for Rail and Road Activities recommends modifying the draft decree concerning information to be transmitted to the public authorities organizing transport services (Public service of rail passenger transport)

113

The opening up to competition of public service contracts for regional rail passenger transport to competition as of 3 December 2019, provided for in Article 18 of Law No. 2018-515 of 27 June 2018 for a new railway pact (JORF No. 0147 of 28 June 2018), will not only upset relations between (...)

Sebastien Martin, Hubert Delzangles Transports: The French Regulatory Authority for Rail and Road Activities gives an unfavourable opinion on the Provence-Alpes-Côte d’Azur Region’s proposed prohibition of the declared service between Marseille and Toulon (FlixBus)

77

The company FlixBus France, which initiated the referral to ARAFER, has declared a regular interurban coach service between Marseille and Toulon as part of the operation of a long-distance line Bordeaux - Agen - Toulouse - Carcassonne - Montpellier - Nîmes - Marseille - Toulon. Following this (...)

Sebastien Martin, Hubert Delzangles Transports: The French Regulatory Authority for Rail and Road Activities examines the impact of the draft decree on the new organization of the incumbent railway operator on the railway system with a view to opening up to the competition for domestic passenger transportation services (SNCF Réseau)

112

On the basis of the conclusions of Mr Jean-Cyril Spinetta’s report of February 2018, the Government had embarked on a new reform of the railway system with the stated objectives of building a new organisation for the incumbent operator and seeking greater efficiency in this system, in particular (...)

Sebastien Martin, Hubert Delzangles Transport: The French Regulatory Authority for Rail and Road Activities validates, after the opinion of the French Competition Authority, the accounting rules presented by the operator in charge of transport services railway on the national rail network (SNCF Mobilités)

193

Since 1 January 2015, the EPIC SNCF Mobilités has been organised around five branches of activity. Voyages SNCF offers passenger rail transport services in France and Europe and groups together the TGV activities as well as the Eurostar, Thalys and Lyria subsidiaries. The SNCF Logistics branch (...)

Sebastien Martin, Hubert Delzangles Energy: The French Energy Regulatory Commission follows the Spanish Energy Regulator for the rejection of a STEP gas interconnection project (Teréga, Enagas)

164

Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. (...)

Sebastien Martin, Hubert Delzangles Communications: The French Postal and Electronic Communications Authority issues a formal notice to the dominant operator on the wholesale market for businesses and general access to the copper local loop (Orange)

146

Article L. 37-2 of the French Post and Electronic Communications Code provides: "The Regulatory Authority for Electronic Communications and Fixed Posts (...) the obligations of operators deemed to exercise significant influence on a market in the electronic communications sector". ARCEP may, (...)

Hubert Delzangles, Sebastien Martin Universal service: The French Postal and Electronic Communications Authority issues a formal notice to the universal service operator to meet its service quality requirement for universal service relating to electronic communications (Orange)

77

By order of 27 November 2017 of the Minister of the Economy and Finance, Orange was designated, for a period of three years, as the operator responsible for providing the "connection" and "telephone service" services of the universal service. These services, whose purpose is to guarantee access (...)

Hubert Delzangles, Sebastien Martin Discriminatory language: The French Administrative Supreme Court cancels the notice given by the French Audiovisual Council for comments in favour of discrimination made by a polemicist (RTL France Radio)

44

On 2 February 2017, on RTL radio, Eric Zemmour commented on President Trump’s appointment of a new Supreme Court Justice to the United States of America. Believing that the Supreme Court has twisted the text of the American Constitution (...) to make it say what its drafters had never imagined (...)

Hubert Delzangles, Sebastien Martin Legislative reform: The French Audiovisual Council publishes twenty proposals for ’rethinking audiovisual regulation’ (Strategic note)

112

The Conseil Supérieur de l’Audiovisuel (hereinafter CSA), in anticipation of the draft law reforming the audiovisual sector, announced in March 2018 and scheduled for the end of the year, issued a strategic note on September 11, 2018 entitled "Refounding audiovisual regulation". It is accompanied (...)

Hubert Delzangles, Sebastien Martin Universal service: The French Postal and Electronic Communications Authority publishes an opinion on the draft order regarding quality-of-service targets imposed to the French postal operator for 2018, 2019 and 2020 in relation to universal services on offer it must provide (La Poste)

69

According to Article L. 2 of the French Postal and Electronic Communications Code (hereinafter CPCE), "La Poste is the universal postal service provider for a period of fifteen years from 1 January 2011". Consequently, the company is subject, by the same article, to specific obligations in (...)

Hubert Delzangles, Sebastien Martin Railway activities: The European Commission sets the rules of procedure for the future boards of appeal and arbitration of the European Union Agency for railways (Implementing Regulation (EU) 2018/867)

110

With Commission Implementing Regulation (EU) 2018/867 of 13 June 2018 laying down the rules of procedure of the Board or Boards of Appeal of the European Union Railway Agency (OJEU No L 149, p. 3 et seq.), the Union’s executive power provides essential elements for railway operators or national (...)

Hubert Delzangles, Sebastien Martin Access to maintenance: The French Regulatory Authority for Road and Railway Activities uses all its powers to control the fees for regulated services provided in the maintenance facilities for the 2016 schedule (SNCF Mobilités)

95

Among the missions entrusted by the legislator to the Regulatory Authority for Rail and Road Activities is that of guaranteeing non-discriminatory access to the national rail network for all operators. In particular, it has consultative powers on the SNCF Réseau reference document, a legal act (...)

Hubert Delzangles, Sebastien Martin Revocation: The French Audiovisual Council revokes for the first time the mandate of a president of the public audiovisual enterprise (Radio France’s President)

83

By its Decision 2018-13 of 31 January 2018, the Conseil supérieur de l’audiovisuel, meeting in plenary session, decided to withdraw Mathieu Gallet’s mandate as President of Radio France, considering, in particular, that his conviction at first instance for the crime of favouritism undermined the (...)

Hubert Delzangles, Sebastien Martin ARAFER : The French Regulatory Authority for Rail and Road Activities publishes a report on the evolution of the passenger rail market (Annual Report)

167

ARAFER has published the first annual review of the rail passenger transport market in France, thus fulfilling some of the requirements of Article 56 of Directive 2012/34 of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area ("2. Without (...)

Hubert Delzangles, Sebastien Martin Sanction: The French Audiovisual Council refuses to sanction a television station which fails to comply with its obligations to broadcast audiovisual works (RMC Découverte)

124

After an initial decision handed down in the framework of its power to sanction (see Hubert Delzangles, Sébastien Martin, Le Conseil supérieur de l’audiovisuel sanctions a television channel for failure to comply with formal notices (C8, Concurrences n° 3-2017), the Conseil supérieur de (...)

Hubert Delzangles, Sebastien Martin Opening of coach lines: The French Regulatory Authority for Rail and Road Activities gives a conditional release on the draft decisions prohibiting intercity bus services in the Provence – Alpes – Côte d’Azur region (Les Courriers Rhodaniens)

105

Under the terms of Article L. 3111-18 of the Transport Code, "a transport organising authority may, after receiving the assent of the Regulatory Authority for Rail and Road Activities, under the conditions defined in Article L. 3111-19, prohibit or limit the services mentioned in the first (...)

Hubert Delzangles, Sebastien Martin Transmission of information: The French Regulatory Authority for Rail and Road Activities requires motorway concessionaires to provide it with information in order to carry out its tasks in the motorway concession area (Transmission d’informations par les concessionnaires d’autoroutes)

142

Under the terms of Article L. 122-31 of the French Roadways Code, "The Regulatory Authority for Rail and Road Activities may collect data, carry out expert appraisals and conduct studies and any necessary information actions in the concession motorway sector. It may, in particular, by means of (...)

Hubert Delzangles, Sebastien Martin Opening of coach lines: The French Supreme Administrative Court validates the method used by the French Regulatory Authority for Rail and Road Activities to control applications for prohibition or limitation of road services by coach (Région Aquitaine-Limousin-Poitou-Charentes)

441

After having checked the first opinions delivered by the Regulatory Authority for Rail and Road Activities (cf, for the Conseil d’État ruling, Emmanuel Guillaume, Mélodie Lenglart, "Equilibre économique du service public: Le Conseil d’État juge légal un avis de l’Autorité de régulation des activités (...)

Hubert Delzangles, Sebastien Martin Referral: The French Supreme Administrative Court extends the list of persons authorized to refer to the French Audiovisual Council (M. A...B...)

129

In several letters dated 4 April and 8 July 2012, 12 May, 23 June, 23 July, 5 and 8 August and 18 October 2013, a listener reported to the Conseil supérieur de l’audiovisuel (CSA) various breaches committed, in his opinion, by Radio France to the rules relating to the broadcasting of advertising (...)

Hubert Delzangles, Sebastien Martin Penalties : The French Audiovisual Council issues several decisions against a TV show following several viewers’ complaints (TV Show “Touche pas à mon poste”)

89

On Wednesday 23 November 2016, the Plenary Assembly of the Conseil supérieur de l’audiovisuel (CSA) voted on the very numerous complaints about the programme "Touche pas à mon poste". It decided to issue a warning and a formal notice to the editor of channel C8 in response to two sequences (...)

Hubert Delzangles, Sebastien Martin Concession : The French Regulatory Authority for Rail and Road Activities gives its opinion on the proposed pay-motorway between Saint-Etienne and Lyon

115

Since 1 February 2016, pursuant to Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015 page 13537), known as the Macron Law, the Regulatory Authority for Rail and Road Activities has several powers in the motorway sector to (...)

Hubert Delzangles, Sebastien Martin Infrastructure capacity: The French Regulatory Authority for Rail and Road Activities sets up incentive mechanisms to encourage the efficient use of infrastructure capacity

117

On the occasion of complaints lodged by railway operators in the context of applications for dispute settlement, the Authority had observed that both the infrastructure manager and the operators applying for or holding train paths could behave in a way which was not compatible with the (...)

Hubert Delzangles, Sebastien Martin Highway concessionnaires: The French Regulatory Authority for rail and road activities lists the information that highway concessionaires must transmit

102

Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015, page 13537) assigned new missions to the Regulatory Authority for Rail and Road Activities with regard to motorway concessionaires. Indeed, the legislator has entrusted the (...)

Hubert Delzangles, Sebastien Martin Road transport facilities: The French Regulatory Authority for rail and road activities fixes a framework to respect for road transport management operators

108

With the adoption of Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015 page 13537), better known under the name of the Minister of Economy and Finance, which liberalised the interurban road passenger transport sector, "public (...)

Hubert Delzangles, Sebastien Martin Transfert to the infrastructure manager: The French Regulatory Authority for rail and road activities gives a favourable opinion on the agreement on the scope of service facilities transferred to the Infrastructure Manager (SNCF Réseau et SNCF Mobilités)

106

Law No. 2014-872 of 4 August 2014 on railway reform (JORF No. 0179 of 5 August 2014, page 12930) had provided, in Article 31, that "An agreement between SNCF Réseau and SNCF Mobilités shall determine the scope of freight terminals other than those (listed in the SNCF reference offer for the 2015 (...)

Hubert Delzangles, Sebastien Martin Broadcast authorization: The French Supreme Administrative Court cancels French broadcast regulatory body’s decision repealing authorization to broadcast a television channel (Diversité TV)

113

Last autumn, the Conseil Supérieur de l’Audiovisuel (CSA) decided for the first time to withdraw from Diversité TV France its licence to broadcast the channel Numéro 23 (H. Delzangles, S. Martin, "Le Conseil supérieur de l’audiovisuel abrogates for the first time the broadcasting authorisation of a (...)

Hubert Delzangles, Sebastien Martin Rail transport: The French Regulatory Authority for rail and road activities gives its opinion on the appointment of the chairman of the railway infrastructure manager (SNCF Réseau)

112

Following Jacques Rapoport’s resignation as Chairman of SNCF Réseau, announced by the Secretary of State for Transport, Alain Vidalies, on Wednesday 24 February, the government has undertaken to find a successor for him. However, since Mr Rapoport was appointed in December 2012 at the head of (...)

Hubert Delzangles, Sebastien Martin Road transports: The French rail and road regulatory body makes its first opinion in the context of the notification procedure conforms to prohibit or limit services freely organized (FlixBus; Frethelle)

136

No less than five opinions were issued by the Regulatory Authority for Rail and Road Activities within the framework of the assent procedure created by Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities (JORF No. 0181 of 7 August 2015, p. 13537). Beyond the (...)

Hubert Delzangles, Sebastien Martin Broadcasting: The French Audiovisual Council revokes the authorization to broadcast to a television channel (Diversité TV France, Chaîne Numéro 23)

130

This autumn, the Conseil Supérieur de l’Audiovisuel decided for the first time to withdraw Diversité TV France’s licence to broadcast channel No. 23 (see decision No. 2015-367 of 14 October 2015 sanctioning Diversité TV France). This decision is interesting both in view of the circumstances in which (...)

Hubert Delzangles, Sebastien Martin Transport : The French Railway Activities Regulatory Authority points out several difficulties amongst the transposition measures of the directive establishing a single European railway area

86

The Regulatory Authority has been asked to give its opinion on various texts aimed at completing the transposition of Directive 2012/34/EU (cf. the draft ordinance on the authorisation given to the Government pursuant to Article 38 of Law No. 2014-872 of 4 August 2014 on railway reform; the (...)

Hubert Delzangles, Sebastien Martin Broadcasting : The French Higher Audiovisual Council warns several media following the release of controversial pictures (France Télévision)

171

The Conseil supérieur de l’audiovisuel will also have had the opportunity to give its opinion on the Vincent Lambert case, on behalf of a patient hospitalised in an irreversible state of unconsciousness making him dependent on artificial feeding and hydration and for whom the family is opposed to (...)

Hubert Delzangles, Sebastien Martin Rail transport : The French Railway Operations Regulatory Authority goes back on the reservations expressed about the service timetable pricing applicable for 2016

164

At the beginning of the year, in notice No. 2015-004 of 3 February 2015, ARAF gave a favourable opinion on the minimum service charges published in the national railway network’s reference document for the 2016 service timetable. However, this opinion was accompanied by several reservations (...)

Hubert Delzangles, Sebastien Martin Energy : The Paris Court of Appeals reforms partially the Competition Authority decision sanctioning the French energy incumbent operator for abuse of dominance (EDF)

276

The company Solaire Direct, an operator in the market for services to individuals wishing to generate solar photovoltaic electricity, estimated as early as 2008 that EDF and its subsidiaries EDF Énergies nouvelles (EDF EN) and EDF Énergies nouvelles réparties (EDF ENR) were engaging in abusive (...)

Hubert Delzangles, Sebastien Martin Rail transport : The French Railway Operations Regulatory Authority issues an opinion on the proposed amendment on its organization and functioning

160

To take into account the adoption of law n° 2014-872 of 4 August 2014 on railway reform (JORF n° 0179 of 5 August 2014 page 12930), the government wished to amend the provisions of decree n° 2010-1023 of 1 September 2010 relating to the organisation and operation of the Regulatory Authority for (...)

Hubert Delzangles, Sebastien Martin Rail transport : The French Railway Operations Regulatory Authority rejects the separation of accounts repository for the rail services freight of the incumbent railway operator

177

Article 6 of Directive 2012/34/EU, recasting Directives 91/440/EC, 95/18/EC and 2001/14/EC, provides, inter alia, that ’Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published for, on the one hand, activities relating to the provision of rail (...)

Hubert Delzangles, Sebastien Martin Energy : The Court of Justice of the European Union interprets the directive 2003/55 in the light of the Charter of fundamental rights concerning the right to effective judicial protection (E.ON Földgáz Trade, Magyar Energetikai és Közmű-szabályozási Hivatal)

301

CJEU, 19 March 2015, E.ON Földgáz Trade v Magyar Energetikai és Közmű-szabályozási Hivatal, aff. C-510/13 E.ON Földgáz, at that time still a subsidiary of the E.ON Group, was licensed to transport gas. As such, it submitted four applications for the allocation of long-term capacity at the import entry (...)

Hubert Delzangles, Sebastien Martin Energy : The French Energy Regulatory Commission publishes the accounting rules related to public service charges for electricity supported by providers

268

CRE, Feb. 19, 2015, Deliberation on the rules of appropriate accounting for suppliers bearing public service charges for electricity In accordance with Article L. 121-9 of the Energy Code, with the deliberation of February 19, 2015, the Commission de régulation de l’énergie (Energy Regulation (...)

Hubert Delzangles, Sebastien Martin Broadcasting : The French Higher Audiovisual Council sanctions thirteen broadcasting media for their treatment of terrorist attacks of Paris (France 24...)

219

CSA, Feb. 11, 2015, Decisions giving formal notice to the companies in charge of France’s external broadcasting (France 24 and RFI), BFM TV, Euronews SA, Lagardère Active Broadcast (Europe 1), France Télévision, Radio France (France info and France inter), La Chaine Info, Radio Monte Carlo, CLT-UFA (...)

Hubert Delzangles, Sebastien Martin Transports : The European Commission sets new requirements as part of the procedures for licensing railway undertakings and rail infrastructure capacity

278

Commission of the European Communities, 6 Jan. 2015, Implementing Regulation (EU) 2015/10 on criteria for applicants for railway infrastructure capacity and repealing Regulation (EU) 870/2014. ; Eur. Comm. 4 Feb. 2015, Implementing Regulation (EU) 2015/171 on certain aspects of the procedure (...)

Hubert Delzangles, Sebastien Martin Universal postal service : The French Electronic Communications and Postal Regulatory Authority suggests changes to the quality objectives to be respected by universal postal service operator

131

Article R. 1-1-8 of the CPCE stipulates that "the Minister responsible for posts, after having given the universal service provider the opportunity to present its observations and having obtained the opinions of the Autorité de régulation des communications électroniques et des postes and the (...)

Hubert Delzangles, Sebastien Martin Load shedding : The French Supreme Administrative Court dismisses a demand for interim measures against the Energy Regulatory Commission’s deliberation related to load shedding (Voltalis)

127

On 28 November 2013, CRE issued a decision approving experimental rules for the valuation of consumption cancellations on the energy markets. In this context, it defined, in accordance with II of Article 14 of Law no. 2013-312 of 15 April 2013 aimed at preparing the transition to a low-energy (...)

Hubert Delzangles, Sebastien Martin Taxi: The French Supreme Administrative Court issues a priority question of constitutionality on the violation of the principle of equal treatment between taxis and passenger cars with driver (CGT Taxis)

153

The competition between taxis and chauffeured passenger cars is fierce and the issue is bound to come up again and again in the courtroom of the administrative judge. It is in particular the decree of 27 December 2013 relating to the prior reservation of passenger cars with driver that is the (...)

Hubert Delzangles, Sebastien Martin Electronic communications : The French Supreme Administrative Court confirms the operating authorization for additional frequencies to expand a 4G network (Orange France)

79

Following a request made on July 19, 2012 by Bouygues Telecom, the French regulatory authority for electronic communications and postal services (hereinafter referred to as ARCEP) reviewed its authorization in the 1800 MHz band and took the decision (see Decision 2013-0514 of the French (...)

Hubert Delzangles, Sebastien Martin Electricity: The French Supreme Administrative Court invalidates the order of 20 July 2012 regarding the “blue” and “yellow” sale prices (ANODE)

81

The ANODE association continues a series of contentious appeals against ministerial decrees setting energy tariffs (see for gas, for example, this ReviewConcurrences, Chronique Régulation, n° 1-2014, about CE, 30 December 2013, ANODE, n° 369574, 369575, etc.).) this time in the electricity sector. (...)

Hubert Delzangles, Sebastien Martin Broadcasting : The French Supreme Administrative Court overturns the CSA’s dispute settlement on the channel numbering system (France Télévisions)

79

In the case at issue, the Company France Télévisions asked the Conseil d’État to annul Decision No. 2011-1294 of 9 November 2011, of the Conseil supérieur de l’audiovisuel (hereinafter CSA), relating to a dispute between it and the company Numéricâble on the issue of the numbering of the France 5 (...)

Hubert Delzangles, Sebastien Martin 255.Rail network: The Court of Justice of the European Union clarifies Member States’ opportunities to collect increase fees (Commission / Bulgaria)

89

In the judgment of 13 February 2014, the Court of Justice of the European Union had to consider an action brought by the Commission on 29 March 2012 against Bulgaria. The guardian institution of the European Treaties alleged that the Member State had failed to fulfil its obligations by allowing (...)

Hubert Delzangles, Sebastien Martin Electricity markets: The French Energy Regulation Commission examines the results of the working group related to electricity and gas retail markets and gives more importance to the soft law

90

CRE’s deliberation of 30 January 2014 looks back at the work of the Electricity Working Group and the Gas Working Group created in 2005 to define and monitor the implementation of the operating rules for the retail electricity and natural gas markets. Beyond the 2012-2013 review and the (...)

Hubert Delzangles, Sebastien Martin 286.Gas transport: The French Energy Regulation Commission decides to maintain its decision related to the marketing rules applied to available gas transport capacities

101

In its deliberation of October 17, 2013, the CRE defined the rules for marketing the transmission capacity available, from October 1, 2014, on the link between GRTgaz’s North and South zones, at the interface between the GRTgaz and TIGF systems and at the interconnections between the TIGF system (...)

Hubert Delzangles, Sebastien Martin Railway activities: The ARAF takes advantage of its Annual Report for 2012 publication to address recommendations to the infrastructure managers

83

The annual activity report is the time for any authority to review the important elements of the past year but also to provide an overall analysis of the sector it regulates. The report for 2012 issued by the Rail Regulatory Authority (ARAF) does not call this principle into question. While in (...)

Hubert Delzangles, Sebastien Martin Electronic communications : The French NRA delivers a favorable opinion concerning the evolution of rates planned by the French post operator in 2014

86

ARCEP, 10.09.13, Opinion No. 2013-1148 ARCEP, 10.09.13, opinion no. 2013-1149 In accordance with Article R. 1-1-13 of the CPCE, which stipulates that "La Poste shall provide the Autorité de régulation des communications électroniques et des postes at least one month before their entry into force (...)

Hubert Delzangles, Sebastien Martin Electronic communications and post: The Constitutional Council states the ARCEP fines proceeding doesn’t respect impartiality principle (Numéricable)

163

FRENCH ELECTRONIC COMUNICATIONS AND POST The procedure relating to the power of sanction of the Electronic Communications and Postal Regulatory Authority (ARCEP) has been established since the 1996 Act but has undergone various changes as a result of legislative developments and the influence (...)

Hubert Delzangles, Sebastien Martin Energy: The French Legislator introduces changes about Energy Regulatory Commission in law proposal aiming at preparing the transition toward an environmentally conscious energy system

107

An Act to prepare for the transition to a low-energy system and containing various provisions on water pricing and wind turbines The bill, known as its rapporteur François Brottes, aimed at preparing the transition to a lean energy system and containing various provisions on water pricing and (...)

Hubert Delzangles, Sebastien Martin Energy: The French Energy Regulatory Commission validates rates of contribution of transport and distribution services of electricity and natural gas

118

Pursuant to Article 18 of Law No 2004-803 of 9 August 2004, a tariff contribution was introduced for the benefit of the National Fund for Electricity and Gas Industries (CNIEG). This contribution, which is based on electricity and natural gas transmission and distribution services, is intended (...)

Hubert Delzangles, Sebastien Martin Energy: The Council of State validates part of legal framework in relation with smart grids accounting disposals (Sieil, Sipperec ; Sieil, Sipperec & association « Robin des bois » )

133

CE, 20 March 2013, Sieil, Sipperec, req. no. 346971- ; 346972 CE, 20 March 2013, Sieil, Sipperec and Association "Robin Hood", req. n° 354321 , 356816, 357500, 357501, 357502 While the theme of Smart Grids, in particular the installation of 35 million new Linky meters by 2020, is at the (...)

Hubert Delzangles, Sebastien Martin Telecommunications - Postal services - Domestic mail: The French NRA delivers a favourable opinion subject concerning rate’s evolutions for domestic mail included in the universal service

93

Very soon after issuing its Decision No. 2012-1353 by which it set the third tariff framework for the universal postal service (see above), the Commission decided that it was necessary to adopt a new tariff framework for the universal postal service.), the Authority had to decide on the (...)

Hubert Delzangles Broadcasting of digital television: The French Competition Authority extends the ex-ante regulation on the broadcasting of digital television programs market (Broadcasting of digital television programs market)

148

Digital terrestrial television (DTT) is a means of broadcasting, in digital mode, a bouquet of free and pay French channels. This broadcasting is qualified as terrestrial hertzian broadcasting insofar as it is carried out using equipment located on the ground and can be received, via a simple (...)

Hubert Delzangles, Sebastien Martin Électricity - Gas: The French NRA publishes its report on network codes and independence respect from energy distribution and transport system operators

160

CRE, 28 June 2012, Compliance with codes of conduct and independence of electricity and natural gas system operators, 2011 Report Distribution system operators (DSOs) and transmission system operators (TSOs) in the field of electricity and natural gas have a monopoly activity. In this context, (...)

Hubert Delzangles, Sebastien Martin Electronic communications: The French NRA rules on distribution among the operators costs associated with universal service in electronic communications

174

ARCEP, Dec. No. 2012-0484 of May 3, 2012 setting the final assessments of the cost of universal service and operators’ contributions for 2010. By its decision of 3 May 2012, the regulatory authority shall determine the final cost of the universal service obligations for the year 2010. On the (...)

Hubert Delzangles, Sebastien Martin Electronic communications: The General Court confirms complementarity relations between competition and regulation law in the UE (Telefónica and Telefónica de España/Commission)

209

Trib. UE, 29 March 2012, Telefónica and Telefónica de España v Commission, Case T-336/07 The Court confirms that the Commission remains competent to find an infringement under Article 102 TFEU even though a national regulatory authority could have examined the compatibility of the practices with (...)

Hubert Delzangles, Sebastien Martin Electronic communications: The French NRA imposes heavy sanctions to companies for delay in execution of dispute settlement decision (Numericable)

279

ARCEP, dec. no. 2011-1469 of 20 December 2011 imposing a sanction on Numericable SAS and NC Numericable, pursuant to Article L. 36-11 of the French Post and Electronic Communications Code. What should Numericable companies have to do following a dispute settlement decision that proved them (...)

Hubert Delzangles, Sebastien Martin Energy - Gas: The Council of State suspends the administrative order dated 29 September 2011 providing for regulated sale prices for gas from the incumbent operator’s public distribution networks (Association nationale des opérateurs détaillants en énergie)

266

(see also, infra, "public sector" column, obs. G. Marson). EC (ord.), 28 November 2011, National Association of Energy Retail Operators (ANODE), No 353554 Grouping together several alternative suppliers, the national association of energy retail operators (ANODE) has asked the interim relief (...)

Hubert Delzangles, Sebastien Martin Energy – Electricity: The standing committee for disputes and sanctions of the French NRA rules two disputes settlement relating to public electricity distribution network access conditions which consequences concerns purchasing obligation suspension for photovoltaic sector (AGAT et Fils/ERDF, KEZAKO Production/ERDF)

256

CoRDiS of the CRE, dec. of October 19, 2011 on the dispute between AGAT et Fils and ERDF concerning the conditions for connecting a photovoltaic production facility to the public electricity distribution network CoRDiS of the CRE, dec. of 19 October 2011 on the dispute between KEZAKO (...)

Hubert Delzangles, Sebastien Martin Energy – Electricity : The standing committee for disputes and sanctions of the French NRA decides on urban planning new rules influence on photovoltaic production plant’s network access request regarding to ERDF procedure (Voltalia and Parc solaire de Montmayon/ERDF, Soleol II/ERDF)

253

CoRDiS of the CRE, dec. of 24 October 2011 on the dispute between Soleol II and ERDF concerning the conditions for connecting a photovoltaic power plant project to the public electricity distribution network CoRDiS of the CRE, dec. of 24 October 2011 on the dispute between Voltalia and Parc (...)

Hubert Delzangles, Sebastien Martin Postal sector: The French NRA delivers an unfavourable opinion concerning rate’s evolutions for parcel services by the universal service provider (La Poste)

168

ARCEP, opinion no. 2012-0206 of 14 February 2012 on La Poste’s tariff files of 13 January 2012 relating to offers for the dispatch of parcels falling within the scope of the universal service In accordance with Article L. 5-2 of the French Post and Electronic Communications Code, on 13 January (...)

Hubert Delzangles, Sebastien Martin Energy – Electricity – Gas: The French NRA and the French Competition Authority advise government about energy social rates proceeding and require more competition on the electricity market

161

CRE, deliberation of 2 February 2012 giving its opinion on the draft decree amending Decree 2004-325 of 8 April 2004 on the special tariff for electricity as a basic necessity and Decree 2008-778 of 13 August 2008 on the supply of natural gas at the special solidarity tariff Concordant Aut. (...)

Hubert Delzangles, Sebastien Martin Energy – Network access request: The French NRA adopts a decision on the implementation of transparency, objectivity and non-discrimination’s principles on the network access requests handling’s procedure (Interconnections on the electricity public network)

532

CRE, decision of 26 July 2011 on the rules for drawing up the procedure for processing requests for the connection of new interconnections to the public electricity transmission system In order to physically connect an installation to the public power grid and to be able to inject or withdraw (...)

Hubert Delzangles, Sebastien Martin Electronic communications: The French NRA settles a dispute about relationship between commercial operator and building’s operator (Free Infrastructure/France Telecom ; France Telecom/Free Infrastructure)

380

ARCEP, dec. no. 2011-0846 of July 21, 2011 ruling on a request for the settlement of a dispute between Free Infrastructure and France Télécom. ARCEP, dec. no. 2011-0893 of July 26, 2011 ruling on a request for settlement of a dispute between France Télécom and Free Infrastructure In the context (...)

Hubert Delzangles, Sebastien Martin Electronic communication: The French NRA rules on the immediate application of its decisions to contracts concluded by the incumbent operator in the broadcasting transmission services market (Towercast/TDF)

457

ARCEP, dec. no. 2011-0809 of 12 July 2011 ruling on a request for settlement of a dispute between Towercast and TDF What is the scope of ARCEP’s recognized competence to control the situation of an operator exercising significant influence on the wholesale market for audiovisual broadcasting (...)

Hubert Delzangles Electronic communications: The Court of Justice rules on obligation for undertakings assigning telephone numbers to provide to other undertakings data in its possession relating to subscribers in order to establish directory enquiry services and directory (Deutsche Telekom/Germany)

500

CJEU, 5 May 2011, Deutsche Telekom, Case C-543/09 Can an operator invoke the provisions of European directives to oppose national legislation which favours the development of competition? The question referred by the Bundesverwaltungsgericht for a preliminary ruling is an opportunity to recall (...)

Hubert Delzangles, Sebastien Martin Energy – Electricity: The Council of State judges that CRE’s regulation of the 9th of July 2011, on the integration of diffuse effacements into the adjustment’s mechanism is partially canceled (Voltalis)

509

EC, 3 May 2011, Voltalis, No. 331858 In order to control energy demand, the mechanism of diffuse deletions, still at the stage of legal and financial experimentation, can be described as the proposal made by electricity operators to consumers to reduce their available power during peak (...)

Hubert Delzangles, Sebastien Martin Railroad activities: The Rail Activities Regulation’s Authority issues two opinions on connections between the incumbent operator, the network’s manager and third parties (Euro Cargo Rail/SNCF and RFF)

515

ARAF, opinion no. 2011-006 of 23 March 2011 on the draft decree on the traffic and traffic management service and on various railway provisions ARAF, Dec. No. 2011-010 of 3 May 2011 ruling on a request for settlement of a dispute between Euro Cargo Rail and SNCF and RFF concerning freight (...)

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