CASE COMMENTS: STATE AID - FRANCE - LEGALITY OF AID - NATIONAL JUDGE - JURISDICTION

Jurisdiction: The French Supreme Court confirms that unlawful State aid is matter for ordinary Courts (Cherbland combustibles)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a decision dated December 2, 2020, the French Supreme Court overturned the decision of the Lyon Court of Appeal handed down in one of the many disputes relating to the moratorium decree of December 9, 2010 suspending the mechanism of electricity feed-in tariffs in the photovoltaic production sector. In this case, Cherbland Combustibles was active in the production of electricity of photovoltaic origin, which it sold to EDF under the compulsory purchase obligation mechanism, the rates of which were set by an order dated January 12, 2010 (order setting the conditions for the purchase of electricity produced by installations using the radiative energy of

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Authors

  • University Paris II Panthéon‑Assas
  • University Paris II Panthéon‑Assas

Quotation

Francesco Martucci, Pauline Gagnier, Jurisdiction: The French Supreme Court confirms that unlawful State aid is matter for ordinary Courts (Cherbland combustibles), 2 December 2020, Concurrences N° 1-2021, Art. N° 99207, pp; 178-180

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