CASE COMMENTS: PUBLIC ACTIONS - FRANCE - CONTRACTUAL FREEDOM - ELECTRICITY - FEED-IN TARIFF

Contractual freedom: The French Constitutional Council considers that article 225 of the finance law for 2021 is not contrary to the contractual freedom guaranteed by the Constitution even if it imposes the reduction of the feed-in tariff provided for contracts concluded between 2006 and 2010 by the historical operator and the local electricity distributors of the radiative energy produced by certain installations using photovoltaic or thermodynamic technologies (Finance law for 2021)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On December 28, 2020, the Constitutional Council issued its decision on the constitutionality of the 2021 Finance Bill. Among all the provisions of this bill submitted to the Council for review, Article 225 introduces a reduction in the purchase tariff by Électricité de France ["EDF"] and local electricity distributors for electricity produced by certain facilities generating solar energy through photovoltaic or thermodynamic technologies. This reduction applies to contracts concluded between 2006 and 2010, with subsequent contracts being subject to tariffs set by an order (see, for example, the order of March 4, 2011 setting the conditions for the purchase

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Contractual freedom: The French Constitutional Council considers that article 225 of the finance law for 2021 is not contrary to the contractual freedom guaranteed by the Constitution even if it imposes the reduction of the feed-in tariff provided for contracts concluded between 2006 and 2010 by the historical operator and the local electricity distributors of the radiative energy produced by certain installations using photovoltaic or thermodynamic technologies (Finance law for 2021), 28 December 2020, Concurrences N° 2-2021, Art. N° 100576, pp. 194-195

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