Cases, Judgments

Search for a Lawyer - Attorney-of-law - Rechtsanwalt - Avocat

Advocate General’s Opinion in Case C-262/12 Vent de Colere and OthersJust-Searching.com

 

According to Advocate General Jääskinen, the French system for financing the obligation to purchase the electricity generated by wind turbines falls within the concept of aid granted by the State or through State resources (Advocate General’s Opinion in Case C-262/12 Vent de Colère and Others)

According to EU law, as interpreted by the Court of Justice, a measure will constitute ‘State aid’ if four cumulative conditions are met: there must be an intervention by the State or through State resources; the intervention must be liable to affect trade between Member States; it must confer an advantage on the recipient; and, lastly, it must distort or threaten to distort competition.

Regarding, in particular, the concept of an intervention by the State or through State resources, which is the only condition in respect of which the Conseil d’État (France) has requested interpretation in the present case, the case-law of the Court provides that, in order for advantages to be categorised as aid, they must, first, be granted directly or indirectly through State resources and, second, be imputable to the State. Moreover, in view of the limited scope of the question referred, the definitive categorisation of the measure as ‘State aid’ is a matter for the national court.

In the present case, French legislation provides that electricity producers generating electricity using wind turbines on the national territory have the benefit of an obligation to purchase the electricity generated in that way. The undertakings required to purchase that electricity are the distributors operating the network to which the installation is connected, namely Electricité de France (‘EDF’) and the non-nationalised distributors; they are obliged to purchase that electricity at more than the market price. Consequently, that financing method gives rise to additional costs for electricity distributors.

Read full text on pdf file >>

 

Back to Home page (Find Legal Counsels or Legal News)