Baker Mckenzie (Paris)

Michaël Perche

Baker Mckenzie (Paris)
Lawyer (Associate)

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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Articles

2190 Review

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)

34

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)

71

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 the (...)

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

107

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)

135

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)

381

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 Transports: The French Supreme Administrative Court validates the articles R. 4141-1 and R. 3141-3 C. transp. which require connecting operators to check, in the presence of the drivers they connect with passengers, that the latter have a driver’s license, proof of insurance for the vehicle used, proof of liability insurance for the activity performed and, where applicable, the professional card required for the activity performed (Fédération française du transport de personnes sur réservation)

103

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 (...)

Emmanuel Guillaume, Michaël Perche Online games: The French Supreme Administrative Court confirms the possibility of bringing proceedings before the sanctions committee of the Autorité de régulation des jeux en ligne, which has become the Autorité nationale des jeux, against online gaming or betting operators whose conduct is likely to be in breach of the legislative or regulatory provisions applicable to their activity, in particular certain provisions of the Consumer Code (AFJEL)

79

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 (...)

Emmanuel Guillaume, Michaël Perche Audiovisual: The French Administrative Supreme Court considers that the French Audiovisual Council misapplied the provisions of Law No. 86-1067 of 30 September 1986 by refusing to renew the broadcasting authorization of a company on the basis of the existence of a past sanction, even though it was clear from its conduct and the acts adopted since then that it had done everything possible to ensure that facts similar to those which justified the sanction would not recur (Association Comité de défense des auditeurs de Radio Solidarité)

113

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 legal (...)

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)

153

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)

155

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)

116

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)

264

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 principle of (...)

Emmanuel Guillaume, Michaël Perche Public service: The French Supreme Administrative Court considers that the withdrawal of the president’s mandate of a public broadcasting company pursuant to article 47-5 of the Law of 30 September 1986, which is not a sanction but a simple measure of regulation, can be based on elements likely to compromise its capacity to carry on its mission under conditions guaranteeing the good functioning of this company, the preservation of its independence and the implementation of the project taken into account at the time of its appointment (M. Gallet)

137

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 members. (...)

Emmanuel Guillaume, Michaël Perche Energy regulatory commission: The French Administrative Supreme Court considers, in accordance with Article L. 341-3 of the Energy Code, that the setting of the rates for additional services by the French Energy Regulatory Commission does not violate the principle of free trade and industry if and only if the services in question (i) are ancillary to the public service missions entrusted to the distribution system operator, and (ii) they are not likely to be offered by companies that do not have this quality (Eveler)

164

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 Regulatory (...)

Emmanuel Guillaume, Michaël Perche Regulatory Authorities: The French Supreme Court considers that Article L. 2134-2 of the Transport Code – now Article L. 1263-2 of the same code – confers on the French Regulatory Authority for Road and Railway Activities a regulatory power when it receives a dispute settlement request, which allows it, when necessary, to ’determine, in an objective, transparent, non-discriminatory and proportionate way, the conditions of access and use of the network, and to impose them on the network operator’ (ARAFER)

178

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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