Baker Mckenzie (Paris)

Rémi Ducloyer

Baker Mckenzie (Paris)

Specialized in Public Business law, in particular in administrative contracts and sectoral regulation, Rémi Ducloyer joined Baker McKenzie in Dec. 2019. He advises clients in all aspects of public procurement and project investment on public markets.

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759 Review

Emmanuel Guillaume, Rémi Ducloyer Transports: The French Supreme Administrative Court cancels certain provisions of the decree of 3 October 2019 on airport charges and amending the Civil Aviation Code (SCARA)


On 28 January 2021, the Conseil d’Etat once again ruled on the issues raised by the legal framework applicable to airport charges, on the occasion of various appeals for excess of power lodged against Decree No. 2019-1016 of 3 October 2019 "relating to airport charges and amending the Civil (...)

Emmanuel Guillaume, Rémi Ducloyer Climate litigation: The French Supreme Administrative Court enjoins the State to demonstrate the validity of the greenhouse gas emission reduction trajectory (Cne de Grande-Synthe)


Although the sectional judgment commented on here does not directly concern the activity of the regulatory authorities, it demonstrates that the stakes involved in climate change and, more broadly, in climate litigation, are likely to affect the activity of all public authorities, particularly (...)

Emmanuel Guillaume, Rémi Ducloyer Electricity: The French Supreme Administrative Court rejects the argument relating to the alleged incompatibility of the exclusive rights granted to the company managing the electricity distribution network and the incumbent operator on this market with European Union law (Mme A. / Métropole de Lyon)


While the question of the compatibility with European Union law of the exclusive rights granted to Enedis on the continental metropolitan territory has given rise to numerous doctrinal debates and various disputes, the Conseil d’État has never before taken a position on this issue, which is (...)

Emmanuel Guillaume, Rémi Ducloyer Financial markets: The French Administrative Supreme Court rules that the sanctions commission of the Financial Markets Authority may reject a settlement agreement ending the administrative prosecution against a credit institution and clarifies the legal framework applicable to such rejection decisions (Président de l’Autorité des marchés financiers / Arkéa Direct Bank)


On 20 March 2020, the Litigation Assembly of the Council of State issued a noteworthy decision on the regulation of financial markets, the solution of which is likely to be of interest to sectors other than the one that gave rise to the case in question. The High Court was called upon to rule (...)

Emmanuel Guillaume, Rémi Ducloyer Transports: The French Administrative Supreme Court decides that profits resulting from the commercial activities excluded from the regulated perimeter may be taken into account while setting out the tariffs (CSTA)


On December 31, 2019, the Conseil d’État ruled on the issues raised by a dispute between the operator of the Nice-Côte d’Azur and Cannes-Mandelieu aerodromes, certain user airlines and their representatives, the State and the regulator over airport charges. It was called upon to rule on requests (...)

Emmanuel Guillaume, Rémi Ducloyer Broadcasting: The French Administrative Supreme Court illustrates the legal consequences of the transformation of the regulatory authority into an independent public authority by ruling on actions launched by a television channel operator for the compensation of damages suffered because of the alleged or actual invalidity of sanctions decided by the French Audiovisual Council (C8)


Two decisions handed down on November 13, 2019 by the Conseil d’État in disputes between C8, formerly Direct 8 then D8, and the Conseil supérieur de l’audiovisuel (CSA) illustrate the legal consequences, in terms of the liability of regulatory authorities, of the legislative qualification of an (...)

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