CASE COMMENT: PROCEDURE - CONFORMITY TO THE CONSTITUTION - INVESTIGATION AND SANCTION POWER - RIGHT OF THE FRECH NCA TO APPEAL TO THE FRENCH SUPREME COURT

Conformity to the Constitution: The French Supreme Court takes two decisions ruling that it is not necessary to ask the French Constitutional Court about the conformity to the Constitution and also brings useful precisions on the right of appeal to the French Supreme Court by the French NCA and on the separation of the power to investigate and to fine (Orange Caraïbe)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com. 13 May 2011, No. 585-F-D With regard to the QPC, the Court of Cassation handed down the 13 May 2011 two judgments in the Orange Caraïbe case resulting in a non place of removal. In their QPCs, France Telecom and Orange Caraïbes formulated in different terms two questions dealing with issues already submitted the Court of Cassation, on the one hand on the power of the Adlc to appeal to the Court of cassation and to participate in the proceedings before the Paris Court of Appeal - " Article L. 464-8 of the

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Conformity to the Constitution: The French Supreme Court takes two decisions ruling that it is not necessary to ask the French Constitutional Court about the conformity to the Constitution and also brings useful precisions on the right of appeal to the French Supreme Court by the French NCA and on the separation of the power to investigate and to fine (Orange Caraïbe), 13 May 2011, Concurrences N° 3-2011, Art. N° 54412, “www.concurrences.com”

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