CASE COMMENTS : STATE AIDS – CONCEPT OF STATE AID – STATE RESOURCES – PREUSSEN ELEKTRA CASE LAW – RENEWABLE ENERGY – PURCHASE OBLIGATION – ENERGY

Preussen elektra case law: The Council of State makes a preliminary reference to the CJEU with respect to the condition of State resources relating to a compensation scheme financing renewable power generation (Association Vent de colère)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. EC, 15 May 2012, Association Vent de colère, n° 324852 The Conseil d'État has decided to refer a preliminary question to the Court of Justice of the European Union on the interpretation of the concepts of State aid and State resources in relation to the mechanism of the purchase obligation imposed by French law on EDF and non-nationalised distributors of wind energy production at a price well above the market price. A question on the renewable electricity purchase obligation mechanism could have been asked much earlier. In a judgment of 21 May 2003 delivered at the request of the Union des industries utilisatrices d'énergie (Uniden, req. No 237466), the

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Jean-Yves Chérot, Preussen elektra case law: The Council of State makes a preliminary reference to the CJEU with respect to the condition of State resources relating to a compensation scheme financing renewable power generation (Association Vent de colère), 15 May 2012, Concurrences N° 3-2012, Art. N° 48442, pp. 182-183

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