CASE COMMENTS: REGULATIONS – ENERGY – FRANCE – ELECTRICITY – POWER PURCHASE OBLIGATION – PUBLIC POLICY LEGAL FRAMEWORK

Electricity: The French Administrative Supreme Court considers that parties to a power purchase agreement cannot derogate from the relevant legislation, and in particular from the feed-in tariffs set by ministerial orders (Corsica Sole)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Article L.314-1 of the Energy Code, codifying Article 10 of Law No 2000-108 of 10 February 2000, states that: 'Électricité de France (...) [is required] to conclude, if the producers concerned so request, a contract for the purchase of electricity produced on national territory by : (...) 2°) Installations using renewable energy sources (...). / A decree shall specify the obligations imposed on the producers benefiting from the purchase obligation, as well as the conditions under which the ministers responsible for the economy and energy shall, after consulting the Energy Regulation Commission, determine the conditions for the purchase of the

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Emmanuel Guillaume, Michaël Perche, Electricity: The French Administrative Supreme Court considers that parties to a power purchase agreement cannot derogate from the relevant legislation, and in particular from the feed-in tariffs set by ministerial orders (Corsica Sole), 22 January 2020, Concurrences N° 2-2020, Art. N° 94963, pp. 188-189

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