Competition, Regulatory and Public Sector


Following two decisions of the French Supreme administrative Court (Conseil d’Etat) handed down in 2017, Sabine Nauges and Laurent Ayache present the state of play on the compensatory consequences of the payment, by public bodies, of State aid which is incompatible with the EU internal market. In particular, attention is drawn to the existence of a new private enforcement scenario open to the competitors of the beneficiaries of such incompatible State aid.

The present chronicle also includes commentaries on three other decisions from the Conseil d’Etat concerning the announced end of regulated gas tariffs; the removal of regulatory constraints on flight sharing; and the ability to oppose the disclosure of information on the costs of an historic operator still operating in a quasi-monopolistic market for reasons of industrial and commercial secrecy.