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POWER: Council Denouces Retroactive EDF Contract Changes, Delays Repeal

POWER
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The Constitutional Council censured retroactive provisions in the 2024 Finance Act modifying EDF's contracts with renewable energy producers, but ruled EDF doesn't need to reimburse recovered sums, it said, cited by LeFigaro. 

  • The provisions impacted long-term contracts that since 2015, suggest EdF would provide bonuses to renewable energy producers when prices fall below a reference tariff and repayments when prices rise above it.
  • The council specifically addressed "windfall effects" during the energy crisis of 2022-2023.
  • Additionally, the Council noted that extraordinary profits from rising electricity prices could be addressed, but the sweeping nature of the changes was deemed excessive.
  • The repeal of the contested provisions has been postponed until 31 December 2025 to allow the legislature to reconsider and adjust the legal framework.

 

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The Constitutional Council censured retroactive provisions in the 2024 Finance Act modifying EDF's contracts with renewable energy producers, but ruled EDF doesn't need to reimburse recovered sums, it said, cited by LeFigaro. 

  • The provisions impacted long-term contracts that since 2015, suggest EdF would provide bonuses to renewable energy producers when prices fall below a reference tariff and repayments when prices rise above it.
  • The council specifically addressed "windfall effects" during the energy crisis of 2022-2023.
  • Additionally, the Council noted that extraordinary profits from rising electricity prices could be addressed, but the sweeping nature of the changes was deemed excessive.
  • The repeal of the contested provisions has been postponed until 31 December 2025 to allow the legislature to reconsider and adjust the legal framework.