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

830 Review

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)

22

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)

82

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)

92

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)

92

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)

224

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)

71

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)

120

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)

127

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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