The French Administrative Supreme Court partly annuls the natural gas regulated retail price as the ministerial order does not allow the incumbent to cover its average total costs (Poweo)

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References

French Administrative Supreme Court, Société Poweo, Decision No. 296191, 10 December 2007 (French)

French Administrative Supreme Court, Société Poweo et Fédération Française des Combustibles, Carburants et Chauffage, Decision No. 289012, 10 December 2007 (French)

French Administrative Supreme Court, Syndicat Professionnel des Entreprises Locales Gazières, Decision No. 275093, 10 December 2007 (French)

1 The regulatory background Directive 98/30/EC [1] followed by Directive 2003/55/EC [2] liberalized the market by broadening progressively the category of eligible clients, authorized to choose their supplier. Pursuant to article 23-1 of Directive 2003/55/EC, “Member States shall ensure that the eligible customers are: (a) until 1st July 2004, the eligible customers as specified in Article 18 of Directive 98/30/EC [3]; (b) from 1st July 2004, at the latest, all non-household customers; (c) from 1st July 2007, all customers”. Gas prices were set pursuant to article 1 of the 1986 Ordonnance [4] and article 2 of a decree dated 20 November 1990 [5]. The decree states that the gas price is determined and evolves, in weighted average, taking into account: “1° the building,

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  • University of Aix-Marseille
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Thomas Perroud, The French Administrative Supreme Court partly annuls the natural gas regulated retail price as the ministerial order does not allow the incumbent to cover its average total costs (Poweo), 10 December 2007, e-Competitions December 2007, Art. N° 15518

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