Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » EU Court declares EDF compatible with common market

    EU Court declares EDF compatible with common market

    npsBy nps17 December 2009Updated:9 July 2024 focus No Comments3 Mins Read
    — Filed under: Commission EU Law Taxation
    Share
    Facebook Twitter LinkedIn Pinterest Email
    EU Court declares EDF compatible with common market

    Source: Commission audio visual service

    The General Court has annulled a Commission decision declaring certain fiscal measures implemented by France for EDF (Eléctricité de France)  to be incompatible with the common market, on grounds that the Commission did not conduct a private investor test to back its findings.

    The Luxembourg-based General Court’s annulment of the Commission’s decision comes after an  in-depth examination of the tax scheme that EDF were subject to and of its investigation by the Commission. 

    On 16 December 2003, the Commission adopted a decision in which it took the view that EDF had enjoyed a tax concession worth an estimated EUR 888.89 million corresponding to the corporation tax that EDF did not pay in 1997, a sum EDF has since paid back to the French state with interest. 

    The Commission affirmed that since that  fiscal aid had the effect of strengthening EDF’s competitive position in relation to its competitors, it was incompatible with the common market. 

    On 27 April 2004 EDF, supported by the French Republic, brought an action before the General Court for the annulment of that decision. As part of its action EDF insisted that the measure at issue was an additional capital injection in an amount equivalent to the partial tax exemption.

    EDF accordingly argued that the Commission could not refuse to examine whether the French State, EDF’s sole shareholder, had acted like a private investor in a market economy, via means of a private investor test.

    The private investor test consists in establishing whether the public participation or intervention in the capital of the beneficiary undertaking has an economic objective that might also be pursued by a private investor and is thus undertaken by the State in its role as an economic operator, in the same way as a private operator, or whether, on the other hand, it is justified by the pursuit of a public interest objective and must be regarded as action taken by the State in the exercise of its authority as a State

    In light of the Commission’s refusal to acknowledge the French Republic as a private investor,  the General Court noted that the Commission erred in its findings and infringed the rules governing State aid. As such the General Court ruled in favour of EDF in its appeal on 15 December 2009, the ruling was based on two findings

    Firstly, in the circumstances of the present case, in which, in 1997, the French State was both the fiscal creditor of a public undertaking and its sole shareholder. The General Court held that the restructuring of EDF’s balance sheet and the capital injection it received had to be analysed as a whole. 

    Secondly, that the fact that the capital derived in part from a fiscal debt did not preclude the measure from being examined in the light of the private investor test.

    European Court of Justice –  Justice and Application – Full texts

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Trader with screens and coffee

    Siranogroup Reviews: How Intelligent Trader Support Works

    Investing - Photo by Campaign Creators on Unsplash

    Inflation in the news: what it means for prices, pay and markets

    Stocks trading - Photo by Nataliya Vaitkevich on Pexels

    MT5 Tips and Tricks: How to Optimize Your Trading Experience

    Von der Leyen - Trump - Photo © European Union 2025

    US–Europe Trade Agreement: The Devil in the Details

    Business man with phone - Photo by Pixabay

    How to save money with a Business Mobile Contract

    Hotel room - Image by Engin Akyurt from Pixabay

    Multilingual, Multicurrency Stays – Small Hotel PMS Built for Europe’s Cross-Border Guests

    LATEST EU NEWS
    Disabled person on wheelchair - Photo by Marcus Aurelius on Pexels

    Commission consults on Strategy for Rights of Persons with Disabilities

    14 November 2025
    Euro - ECB-Photo by Mika Baumeister on Unsplash

    Markets look to latest eurozone economic growth projections – Euro currency news daily

    14 November 2025
    Student lecture - Photo by Airam Dato on Pexels

    EU issues calls for over EUR 5 billion funding for skills under Erasmus+ 2026

    13 November 2025
    Google search - Photo by cottonbro studio on Pexels

    Brussels opens probe into Google ‘demoting’ some publishers in search results

    13 November 2025
    Red Bull - Image by Noel from Pixabay

    EU Commission opens antitrust probe into Red Bull

    13 November 2025

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness Ltd 117 High Street, Chesham Buckinghamshire, HP5 1DE United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Privacy Policy
    • Terms
    • EU News

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2025

    Type above and press Enter to search. Press Esc to cancel.

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?