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Darrois Villey Maillot Brochier advised EDF before the Conseil d’État

On May 18th 2018, the litigation assembly (Assemblée du contentieux) of the French State Council (Conseil d’État) ruled that the regulated sales tariffs for electricity (RSTs), by which approximately 30 million clients are affected, are lawful.

The company ENGIE and the National association of energy retailers (Association nationale des opérateurs détaillants en énergie – ANODE) asked the State Council to set aside the decision by which the French State had fixed the RSTs for electricity with effect from August 1, 2017. The claimants argued that, similar to what was held regarding gas tariffs, the mere existence of RSTs for electricity is an impediment to effective competition in the market contrary to the principles of European Law. The State Council did not agree with the claimants: it held that price stability is an objective of general interest, which could justify the implementation of RSTs for electricity. In addition, according to the State Council, no less restrictive measure which would have achieved this objective was available to the State. However, the State Council held that the price regulation at hand should not be permanent and large companies should not benefit from it. It reversed the challenged decision to that extent.

Darrois Villey Maillot Brochier advised EDF in this litigation.

The DVMB team includes Henri Savoie (partner) and Patrick Mèle (counsel).

EDF was also advised by SCP Piwnica & Molinié (with François Molinié).