CASE COMMENTS : REGULATIONS – ENERGY – ELECTRICITY – OBLIGATION TO PURCHASE – ADMINISTRATIVE QUALIFICATION OF THE PURCHASE CONTRACTS

Energy – Electricity: The Council of State quashes article 8 of the ordinance dated 9 May 2011 codifying the legal part of the energy code (EDF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, March 21, 2012, EDF, n° 349415 In a judgment of 21 March 2012 (req. no. 349415, to be published in Lebon), the Conseil d'État has just annulled Article 8 of Order no. 2011-504 of 9 May 2011 codifying the legislative part of the Energy Code. 1. The origins of Article 8 of the Ordinance of 9 May 2011 Photovoltaic electricity is subject to a purchase obligation for the benefit of eligible producers who conclude a purchase contract with EDF or local distribution companies in their exclusive service area. This contract is an administrative contract as expressly stated in the penultimate paragraph of Article 10 of Law No. 2000-108 of 10 February 2000 in

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Emmanuel Guillaume, Simon Daboussy, Energy – Electricity: The Council of State quashes article 8 of the ordinance dated 9 May 2011 codifying the legal part of the energy code (EDF), 21 March 2012, Concurrences N° 2-2012, Art. N° 45810, pp. 156-157

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