The French Supreme Administrative Court releases a decision on the compliance of french regulated public tariffs on electricity with EU law (Engie / ANODE)

Compliance with EU law by French regulated public tariffs, on both natural gas and electricity, is a long disputed legal question [1]. In addition, two decisions from the Conseil d’Etat (“CE”), the French Supreme Administrative Court, apparently reach contradictory conclusions, first on 19 April 2017 concerning natural gas, second on 18 May 2018 concerning electricity. I. Background French law provides that both Ministers of Energy and Economy adopt regulated tariffs for electricity and gas sales [2]. For several years, the CE has debated whether regulated tariffs for the purchasing, or sale, of energy were compliant with French and EU law and whether they should be considered State aid: In 2012, the CE referred a question for preliminary ruling [3] to the European Court of Justice

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Jean-Paul Tran Thiet, Alexandra Sieffert-Xuriguera, The French Supreme Administrative Court releases a decision on the compliance of french regulated public tariffs on electricity with EU law (Engie / ANODE), 18 May 2018, e-Competitions Bulletin May 2018, Art. N° 90774

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