*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In two judgments dated May 12, 2021 and March 31, 2021, the Court of Cassation reiterated its case law according to which damage resulting from the loss of the opportunity to benefit from a measure involving unlawful State aid is not compensable. In the judgment of 12 May 2021, it rejected the appeal lodged by companies producing photovoltaic electricity for sale to EDF, seeking compensation for the damage suffered as a result of the tariff moratorium decided in 2010. The claimants had submitted a request for connection to the grid to EDF after the order of 12 January 2010 setting the electricity purchase tariffs came into force, and EDF had not processed
CASE COMMENTS: STATE AID - FRANCE - UNLAWFUL STATE AID - NON-REPAIRABLE DAMAGE
Non-repairable damage: The French Supreme Court rejects the claim for compensation resulting from the loss of the opportunity to benefit from a measure involving unlawful State aid (EDR, ERDF)
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