In the framework of an action brought by AT&T and Verizon French subsidiaries challenging the ARCEP’s decision legality, the Conseil d’Etat confirmed the jurisdiction of the ARCEP to collect the aforementioned information from any Internet service providers (ISPs), providers of public online communication services (PPOCS) and technical intermediaries as soon as their activities may have a significant impact on internet users in France, regardless of their country of origin.

This decision clearly states that if certain ISPs and PPOCS from whom the ARCEP intends to gather additional information may not be declared in France, this circumstance has absolutely no impact on the ARCEP jurisdiction grounded on article L.36-13 and L. 32-4 of the French postal and electronic communications code to collect information useful to its missions.

In addition, the Conseil d’Etat ruled that ARCEP’s information gathering system is proportionate to its legal responsibilities, in particular in light of the net neutrality provisions resulting from the transposition of EU’s third Telecoms package.

The ARCEP is thus entitled to pursue its collection of data which is aimed at enabling the regulatory authority to better understand the data conveyance and interconnection markets and properly exercise its power to settle disputes between ISPs and PPOCS.

The decision of the Conseil d’Etat is available in French here.