The French Administrative Supreme Court rejected the direct effect of Art. 88.3 EC in the case of future contracts (EDF / SNE)

Facts and proceedings Electricité de France (EDF) and the Société nationale d'électricité thermique (SNET) had concluded a contract on 1st July 1996 consisting in the provision by SNET of electricity to EDF, the SNET reserving the production capacities of some of its branches exclusively to EDF. This contract was to expire on 31 December 2019. Following the Law of 10 February 2000, implementing the Directive of 19 December 1996 [1], the contracts concluded or negotiated before the publication of this Law, could be denounced after a period of notice. They could also be amended by the parties, in the year following the date of entry into force of the Law. In case there was no agreement between the parties, a three member committee, established by the decree of 16 March 2001, were to

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Stéphane Laget, The French Administrative Supreme Court rejected the direct effect of Art. 88.3 EC in the case of future contracts (EDF / SNE), 11 June 2003, e-Competitions Bulletin Energy & State aid, Art. N° 13360

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