CASE COMMENTS: REGULATIONS – FRANCE – TRANSPORTS – RAILWAY – FRENCH REGULATORY AUTHORITY FOR ROAD AND RAILWAY ACTIVITIES – DATA COLLECTION

Data collection: The French Supreme Administrative Court highlights that Article L. 2132-7 of the French Transports Code allows, under courts supervision, the French Regulatory Authority for Road and Railway Activities to request useful information to passenger and freight railway undertakings for the performance of its tasks, provided that such operators do not support an excessive burden (UTP)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities has profoundly transformed the authority in charge of regulating the railway sector. Henceforth renamed Regulatory Authority for Railway and Road Activities (Arafer), due to the extension of its field of competence to the fields of regular non-urban road passenger transport services and motorway concessions, it has been given new powers to collect information from railway operators. The legal framework Article L. 2135-2 C. trans, in its version prior to the law of 6 August 2015, already granted the regulator a right of access to the accounts of infrastructure

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Emmanuel Guillaume, Roman Roussel, Data collection: The French Supreme Administrative Court highlights that Article L. 2132-7 of the French Transports Code allows, under courts supervision, the French Regulatory Authority for Road and Railway Activities to request useful information to passenger and freight railway undertakings for the performance of its tasks, provided that such operators do not support an excessive burden (UTP), 16 February 2018, Concurrences N° 2-2018, Art. N° 86972, pp. 175-176

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