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

    Business conference - Image by SNCR GROUP from Pixabay

    The Hidden Workforce Behind Successful Business Events: Event Staffing Explained

    Psychiatrist - Photo by SHVETS production on Pexels

    Professional licensing evaluations: when careers depend on psychiatric opinions?

    Culture of fermentation and maturation

    The Value of Time – an analysis of maturation in products

    Business law - Photo by Pavel Danilyuk on Pexels

    How to Find the Right Litigation Solicitor for Your Legal Dispute

    Workplace safety - Photo by Ahmed akach on Pexels

    Can You Make a Claim for an Accident During a Work Break? Know Your Legal Rights

    Digital marketing - Image by AS Photography from Pixabay

    Legal Marketing in 2026: The Changes Reshaping Law Firm Growth

    LATEST EU NEWS
    Airport terminal - Photo by Pim de Boer on Unsplash

    Euro-Parliament greenlights new EU rules on package travel

    12 March 2026
    E-commerce - Photo by Antoni Shkraba Studio on Pexels

    A third of online shoppers in the EU experience issues

    12 March 2026
    Farming women - Photo by Anna Shvets on Pexels

    EU launches platform to promote women in agriculture

    11 March 2026
    Euro - ECB-Photo by Mika Baumeister on Unsplash

    March currency outlook – Euro currency news daily

    11 March 2026
    Jorgensen - Ribera - Photo © European Union 2026

    EU energy package to focus on cleaner, cheaper energy

    10 March 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

    • Privacy Policy
    • Terms
    • EU News

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

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

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?