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Image header Agence Europe
Europe Daily Bulletin No. 10886
Contents Publication in full By article 33 / 35
COURT OF JUSTICE OF THE EU / (ae) state aid

Is obligation to buy wind power in France questioned?

Brussels, 11/07/2013 (Agence Europe) - In conclusions issued on Thursday 11 July, Advocate General Jääskinen calls on the Court of Justice of the EU to equate to state aid the French mechanism which, since 2008, has provided funding from end-user contributions to cover the extra charges entailed for electricity companies by the obligation to buy electricity produced by wind power, which is above the market price. This measure may, in his view, be imputed to the state in question as the contribution levied from the consumers is established by law and its amount is fixed each year by ministerial decree. It generates public resources in so far as they remain under state control. Furthermore, all end-users are compelled to pay the contribution, independently of whether they know they are buying green energy or not, and are liable to penalties in the event of non-payment. The measure may therefore, the advocate general believes, be considered as public intervention contrary to EU law. He thus rules in favour of the French anti-wind power association “Vent de colère”, which called for the regulation to be cancelled. If the Court were to follow this opinion, the French funding provision could be brought into question and the development of wind power production could find itself affected. (FG/transl.jl)

 

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