CASE COMMENTS: STATE AID – FRANCE – COMMERCIAL JUDGE – UNLAWFUL AID – LIABILITY

Illegal aid: The French Supreme Court holds that the damage resulting from the lack of benefit from an unlawful State aid cannot be compensated (EDF / Corsica Sole)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In two judgments handed down on 18 September 2019, the Commercial Chamber of the Court of Cassation applied State aid law and held that the damage consisting of the loss of the chance to benefit from a tariff resulting from illegal State aid could not be made good. These judgments were handed down on the occasion of two appeals brought by each party against a judgment of the Paris Court of Appeal No 15/13283 delivered on 10 November 2017 between the company Corsica Sole 2 and its parent company Corsica Sole and the company Electricité de France (EDF). In this case, Corsica Sole 2 had applied to EDF to connect its photovoltaic power generation facility to

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Authors

  • University Paris II Panthéon‑Assas
  • University Paris II Panthéon‑Assas
  • University Paris II Panthéon‑Assas

Quotation

Francesco Martucci, Mélanie Vermorel, Amandine Yahaya, Illegal aid: The French Supreme Court holds that the damage resulting from the lack of benefit from an unlawful State aid cannot be compensated (EDF / Corsica Sole), 18 September 2019, Concurrences N° 4-2019, Art. N° 92432, pp. 155-156

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