Conseil d’Etat, France’s highest administrative court, decided that telecoms regulator Arcep was wrong not to re-examine the roaming deal between newcomer Free Mobile and Orange, the country’s largest operator.

According to Les Echos, the court said Arcep did have jurisdiction over the controversial roaming agreement between Free and Orange, signed in 2011. The deal enables the newcomer to access Orange’s 2G and 3G networks.

Bouygues Telecom has been pushing for Arcep to end the roaming deal for three years but the regulator has refused, arguing it is a contract between two privately owned firms. However, the court says the regulator underrated its powers and can rule on the Free-Orange agreement.

However, the court’s ruling is not such a dramatic setback for Arcep, since the telecoms watchdog has enjoyed enhanced powers over roaming since August last year when the country’s Macron Act was passed.

The ruling does increase pressure on Arcep, although not as much as Bouygues wanted. The operator failed in a bid to insist the regulator reach a decision on roaming within three months.

Arcep is currently in the midst of a review of the agreement between Free and Orange, on which it is due to deliver an interim report in the autumn, and guidelines will be established in the first quarter of 2016.