CASE COMMENTS: REGULATIONS – TRANSPORTS – REGULATORY AUTHORITIES – REGULATORY POWER

Regulatory Authorities: The French Supreme Court considers that Article L. 2134-2 of the Transport Code – now Article L. 1263-2 of the same code – confers on the French Regulatory Authority for Road and Railway Activities a regulatory power when it receives a dispute settlement request, which allows it, when necessary, to ’determine, in an objective, transparent, non-discriminatory and proportionate way, the conditions of access and use of the network, and to impose them on the network operator’ (ARAFER)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In order to carry out the tasks entrusted to it by Articles L. 2131-1 et seq. of the French Civil Code, Arafer has a regulatory power described as "supplementary", enabling it to specify the conditions of access to the rail network and service infrastructures by means of texts that must be approved by the Minister of Transport. On the basis of article L. 2132-5 C. trans.., the Arafer can thus specify, "as necessary, (...) the rules concerning: 1° The conditions of connection to the rail network; 2° The technical and administrative conditions of access to the network and its use; 3° The conditions of access to services of an essential facility nature and

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Emmanuel Guillaume, Michaël Perche, Regulatory Authorities: The French Supreme Court considers that Article L. 2134-2 of the Transport Code – now Article L. 1263-2 of the same code – confers on the French Regulatory Authority for Road and Railway Activities a regulatory power when it receives a dispute settlement request, which allows it, when necessary, to ’determine, in an objective, transparent, non-discriminatory and proportionate way, the conditions of access and use of the network, and to impose them on the network operator’ (ARAFER) , 14 February 2018, Concurrences N° 3-2018, Art. N° 87838, pp. 179-180

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