Last updated on : 2007/07/13
The Commission can be requested to settle disputes related to access to or the use of:
public electricity transmission and distribution systems,
natural gas transport and distribution systems,
liquefied natural gas plants (LNG).
The Commission can be called on to arbitrate by:
the public electricity transmission or distribution system operator,
a natural gas transport or distribution system operator,
a liquefied natural gas plant operator,
alternatively, by users of the above grids, systems and plants.
In particular, disputes may concern:
for access to electricity grids: refusals to give access or disagreement on the conclusion, interpretation or performance of grid access contracts and protocols, or electricity purchase contracts and protocols agreed between the transmission system operator RTE and producers and suppliers in order to offset losses related to electricity transmission or to ensure the availability and implementation of the services and reserves required for operating the grid;
for access to natural gas systems and plants: refusals to give access or disagreements on the conclusion, interpretation or performance of contracts and protocols giving access to natural gas transport and distribution systems and to LNG plants concluded by the operators of the said systems and plants with eligible customers, suppliers or their representatives.
In addition to an initial referral, the plaintiff may also formulate a request for protective measures, in the case of serious and immediate violation of rules regulating access to public electricity grids and their use, or rules regulating access to natural gas systems and LNG plants and their use.
The Commission can be requested to settle disputes related to access to or the use of:
public electricity transmission and distribution systems,
natural gas transport and distribution systems,
liquefied natural gas plants (LNG).
The Commission refuses the request if it appears unacceptable or groundless.
SIf the Commission arbitrates either partially or wholly at the request of the parties, its decision stipulates the technical and/or financial conditions under which the access and use of public electricity grids, natural gas systems or LNG plants, as may be the case, are ensured.
When called on to act or on its own initiative, the Commission may demand that protective measures be taken to guarantee continuity of service on public electricity grids, natural gas systems or LNG plants.
The Commission’s final decision is notified to the parties in the Journal Officiel of the French Republic, subject to any secrets protected by law.
Appeals can be made to the Cour d’Appel de Paris to cancel or modify decisions made by CRE (Art. 38 of the law of 10/02/2000).
Any appeal must be formulated:
For decisions terminating a dispute, within one month of notification;
For protective measures, within fifteen days of notification.
Appeals are not suspensive.
A request to suspend execution can be made to the President of the Cour d’Appel de Paris.