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

    npsnps17 December 2009Updated:9 July 2024 focus
    — 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

    Image Medart Clinic

    Losing Hair? How to Work Out the Cause Before You Consider a Transplant

    Office workers with laptops - Image by Annie Spratt on Unsplash

    The Practical Side of Building Multi-Agent AI Systems

    iGaming - Photo by Aidan Howe on Pexels

    Why Operating an Online Gambling Business Is Different in Europe Than the Rest of the World

    Fire monitor - Image by Srattha Nualsate on Pexels

    Fire Safety Compliance for European Businesses: Understanding Sprinkler Systems and Fire Monitor Technology Under EU Regulatory Frameworks

    Instant payouts

    Settlement in Seconds, Risk in Real Time: Vladyslav Kolodistyi on What Instant Payouts Change for Merchants

    Missile shield image

    The Eyes and Ears of Europe’s Missile Shield

    LATEST EU NEWS
    Renewable energy - Photo by Wolfgang Weiser on Unsplash

    EUR 126m EU funding for cross-border renewable energy projects

    17 September 2026
    Internet safety children - Photo by Jonathan Borba on Pexels

    EU Kids Act to ban social media for under-13s

    17 September 2026
    Carney - von der Leyen - Photo © European Union 2026

    Canada could become EU’s first ‘associate member’

    16 September 2026
    Energy - Image by Benjamin Farren on Pexels

    Energy Regulation Academy launched to implement EU energy measures

    15 September 2026
    Roxana Mînzatu - Photo © European Union 2026

    EU pushes simpler rules, effective enforcement for fair labour mobility

    15 September 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

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

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

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

    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?