Electricity: The Paris Court of Appeal decides that the Regulatory Commission for Energy can not impose on a netwotk’s user an injunction to enter into an agreement (Cerestar)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CA Paris, 1st ch. H, January 25, 2005, Cerestar v RTE, RG 2004/12111 The decision of the Court of Appeal in the Cerestar case raises some questions about the place and role of the "dispute settlement authority" (in this case the Energy Regulatory Commission) in the organisation of the liberalisation of the energy market brought about by the law of 10 February 2000. The facts in this case are of little importance: the company Cerestar refused to sign a network access contract on the terms proposed by RTE, opposing it both on the delimitation of the network border and on the applicable tariff conditions. As RTE finally lodged a request for settlement of

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