Focus on Regulatory Law - June 2014

In This Issue:

Regulatory Authorities -

..Securities and Market Authority

..Authority for the Regulation of Electronic Communications

..Data Protection Authority

..Commission Nationale Informatique et Libertés (CNIL)

Energy -

..Nuclear plants

..Electricity plants classified as renewable energy facilities

..Hydrocarbon prospecting

..Public Economic Law

..Freedom of trade and industry

..Abuse of dominant position

..Pavement Tax

Contracts -

..Reversal of Jurisprudence

..Public-Private Partnership (PPP)


..Precontractual Summary Litigation


..Directives on concessions and contracts

Public Health -

..Medical device


State Aid -

..Unlimited Guarantee by a State


..Air transport

- Excerpt from Regulatory Authorities: Securities and Market Authority - Autorité des Marchés Financiers (AMF) – Administrative judge notes that an appeal against a financial penalty ordered by the AMF may actually increase the fine -

If an appeal is lodged against an AMF decision to levy a financial penalty, the appeal judge has to verify that the penalty is proportionate in relation to the breaches and the financial situation of the fined party. The Conseil d’État has noted in a recent case that this means there is a possibility that the judge may in fact find that the fine should be increased.

Please see full issue below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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