CASE COMMENT: REGULATORY: ELECTRICITY - JUDICIAL CONTROL OF THE REGULATOR DECISIONS

Energy: The Court of Cassation holds that the regulator is not a party in a litigation against its own decision, nor an entity with the usual administrative powers (EDF/Pouchon Cogen)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 22 February 2005, Société Sinerg v. Electricité de France, No. 04-12.618 CA Paris, 1st ch. H, March 8, 2005, EDF c/ Société Pouchon Cogen, RG2004/12606 The case that gave rise to the Court of Cassation's ruling of 22 February 2005, the first in the dispute settlement decisions taken by regulatory authorities, has both a visible and a submerged side. The contribution of this ruling is clear, although it is likely to be controversial as to the place of the regulatory authority in the judicial debate to which one of its dispute settlement decisions may give rise, in the event of an appeal. This will be mentioned and discussed in the first instance.

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  • French Regulatory Authority for Electronic Communications, Post and Press distribution - ARCEP (Paris)

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Martine Lombard, Energy: The Court of Cassation holds that the regulator is not a party in a litigation against its own decision, nor an entity with the usual administrative powers (EDF/Pouchon Cogen), 22 February 2005, Concurrences N° 2-2005, Art. N° 1195, pp. 96-98

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