CASE COMMENTS: REGULATIONS – ENERGY – ENERGY REGULATORY COMMISSION – PUBLIC DISTRIBUTION SYSTEM OPERATOR – ADDITIONAL SERVICES

Energy regulatory commission: The French Administrative Supreme Court considers, in accordance with Article L. 341-3 of the Energy Code, that the setting of the rates for additional services by the French Energy Regulatory Commission does not violate the principle of free trade and industry if and only if the services in question (i) are ancillary to the public service missions entrusted to the distribution system operator, and (ii) they are not likely to be offered by companies that do not have this quality (Eveler)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Public electricity distribution system operators ("DSOs") are in charge of transporting electricity on public distribution networks to consumers. They charge network users for this transport, in accordance with the tariffs for the use of public distribution networks set by the Energy Regulatory Commission ("CRE"), such as TURPE. The legal framework In addition to transmission tariffs, there are services ancillary to the DSO's missions, which are carried out at the request of suppliers and consumers. For each DSO, these ancillary services are compiled in a catalogue of services published on their website or by any other appropriate means. Article L. 341-3

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Emmanuel Guillaume, Michaël Perche, Energy regulatory commission: The French Administrative Supreme Court considers, in accordance with Article L. 341-3 of the Energy Code, that the setting of the rates for additional services by the French Energy Regulatory Commission does not violate the principle of free trade and industry if and only if the services in question (i) are ancillary to the public service missions entrusted to the distribution system operator, and (ii) they are not likely to be offered by companies that do not have this quality (Eveler), 28 September 2018, Concurrences N° 4-2018, Art. N° 88323, pp. 179-180

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