Decision of the Conseil d'Etat on the appeal concerning the cancellation of the allocation of 20TWh of electricity additional ARENH for 2022
On Friday 3 February 2023, the Conseil d'Etat (the French administrative supreme court) rendered its decision in the context of the appeal for annulment filed by EDF on 9 August 2022 (1) against the Decree and Orders of 11, 12 and 25 March 2022, implementing the allocation of an additional volume of 20TWh of electricity sold at a regulated price to suppliers from April to December 2022 (the "Mechanism").
The Conseil d'Etat rejected EDF's appeal against the Mechanism.
EDF takes note of the decision of the Conseil d'Etat.
The claim for indemnification initiated by EDF before the Paris Administrative Court to obtain full compensation from the State for the damage suffered by EDF as a result of the Mechanism is continuing (2).
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About EDF
As a major player in energy transition, the EDF Group is an integrated energy company active in all businesses: generation, transmission, distribution, energy trading, energy sales and energy services. EDF group is a world leader in low-carbon energy, having developed a diverse production mix based mainly on nuclear and renewable energy (including hydropower). It is also investing in new technologies to support energy transition. EDF's raison d'être is to build a net zero energy future with electricity and innovative solutions and services, to help save the planet and drive well-being and economic development. The Group is involved in supplying energy and services to approximately 38.5 million customers (1), of whom 29.3 million in France (2). It generated consolidated sales of €84.5 billion in 2021. EDF is listed on the Paris Stock Exchange.
(1) Since 2018, customers are counted per delivery site. A customer can have two delivery points: one for electricity and another one for gas.
(2) Including ÉS (Électricité de Strasbourg) and SEI.
(1) See PR "Exceptional measures announced by the French Government" published on 13 January 2022 and PR "Legal claim concerning the allocation of additional electricity volumes at a regulated price for 2022" published on 9 August 2022
(2) See PR "Update on the claims relating to the allocation of additional 20TWh of electricity for 2022" published on 27 October 2022