ARTICLES : FRENCH TELECOM REGULATORY AUTHORITY - ORDINARY COURTS - PROCEEDINGS

Case proceedings before the French telecom regulator: A review

Uncommonly, the French Telecom Regulatory Authority has been empowered to also resolve disputes between undertakings, should said parties chose to enter proceedings under its jurisdiction rather than that of ordinary courts. While the Authority acts primarily under the control of an administrative court, these decisions may be challenged before the Paris Court of appeal. This additional capability of the French Regulatory Authority to solve conflicts has definitely had a positive influence on the liberalization of the telecom market, but this influence is relatively marginal if compared to the Authority’s very regulatory power, under which it enacts transversal rules applying to all operators. These two pillars of competence anyhow have shown to efficiently complement each other.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. 1. Among the various powers that were entrusted to the sectoral telecommunications regulator, the Telecommunications [1]Regulatory Authority, when it was created by the law of 26 July 1996, that of settling disputes between private operators was certainly the most original. Indeed, other powers such as those to grant individual authorizations, impose sanctions, give opinions [2], or even, subject to the constitutional framework, to issue regulations, had already been exercised by other independent administrative authorities. However, the settlement of disputes presents various peculiarities and in particular their character as administrative (and

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  • Administrative Court of Lille

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Joelle Adda, Case proceedings before the French telecom regulator: A review, December 2010, Concurrences N° 4-2010, Art. N° 32724, pp. 75-84

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