CASE COMMENTS: PUBLIC SECTOR - REGULATORS - LEGAL INTEREST TO ACT AGAINST A REGULATOR DECISION

Consumers interest to act against regulators’ decisions: The Council of State acknowledges a general interest to act against regulators’ decision not to intervene (Tinez)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CE, Sect. 30 November 2007, Tinez et al. 293952 Market authorities generally have the power to take up ex officio cases that fall within their jurisdiction. However, in the exercise of their duties, it is not uncommon for third parties to ask them through a complaint - or a denunciation - to take up the matter themselves by opening disciplinary proceedings against a company under their control. The refusal to act on these complaints has often been the subject of contentious disputes. By returning to the response, which is always complex, to be given to this type of dispute, the Council of State is making a major change in its case law on the interest of

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Bertrand du Marais, Parfait Houédanou, Consumers interest to act against regulators’ decisions: The Council of State acknowledges a general interest to act against regulators’ decision not to intervene (Tinez), 30 January 2008, Concurrences N° 1-2008, Art. N° 15404, p. 203

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