The French administrative supreme Court refused to classify as State aid the financial conditions of the obligation to purchase wind power electricity considering these are not granted through State ressources (UNIDEN)

On the 10 February 2000, the French Parliament enacted an obligation to purchase electricity produced by installations of renewable energies not exceeding 12 megawatts while adopting the Law relating to the development and the modernization of the public service of the electricity. This Law transposed with delay Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity (OJEC L 27, 30 January 1997, pp. 20-29). The Decree of 10 May 2001, implementing the 10 February 2000 Law, imposed to the public company Electricité de France (EDF) and to the “non-nationalized distributors of electricity” to purchase the electricity produced by wind power plants using on the basis of financialy expensive conditions.

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  • Schmitt Avocats (Paris)

Quotation

Elias Berkani, The French administrative supreme Court refused to classify as State aid the financial conditions of the obligation to purchase wind power electricity considering these are not granted through State ressources (UNIDEN), 21 March 2003, e-Competitions Bulletin Energy & State aid, Art. N° 13764

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