Arbitral Digest

Matter

Electricité de France v Solaire Direct (French Court of Cassation joined appeals U 15-20.087 and R 15-20.291)

  1. 24 February 2009Arbitration

    24 February 2009Arbitration

    French Competition Council decision on interim measures of 24 February 2009

    Decision summary
    The Competition Council rejected EDF's proposed commitments at its interim-measures session because the competition problems raised could not be satisfactorily resolved by those commitments.

    Supporting details

    2 participants
    Electricité de France
    Solaire direct

    4 years, 9 months and 23 days later · 1757 days

  2. 17 December 2013Arbitration

    17 December 2013Arbitration

    French Competition Authority decision No. 13-D-20 of 17 December 2013

    Decision summary
    Article 1 established that EDF infringed French Commercial Code article L. 420-2 and TFEU article 102 through practices benefiting its photovoltaic subsidiaries and imposed a pecuniary sanction; article 2 established a further infringement concerning the EDF ENR mark and logo and imposed a pecuniary sanction.

    Supporting details

    2 authorities · 4 participants
    Electricité de France
    EDF Energie nouvelle
    EDF Energies nouvelles réparties
    Solaire direct

    Authorities cited

    2
    • French Commercial Code (Article L. 420-2 of the French Commercial Code)
      statute
    • Treaty on the Functioning of the European Union (TFEU) (Article 102 of the Treaty on the Functioning of the European Union)
      statute

    1 year, 5 months and 4 days later · 520 days

  3. 21 May 2015France

    21 May 2015France

    Judgment of the Paris Court of Appeal in case 13/08713 dated 21 May 2015

    Paris Court of Appeal, Division 5, Chamber 5-7

    Case no.
    13/08713
    Decision summary
    The Paris Court of Appeal rejected EDF's challenge to the first infringement finding, reduced the related penalty, and held the second infringement unestablished. The Court of Cassation later partially quashed the judgment on the repeated-offence aggravating circumstance and penalty.

    Supporting details

    4 participants
    Electricité de France
    Solaire direct
    Chair of the French Competition Authority
    Minister of the Economy, Industry and Digital Affairs
    Paris Court of Appeal, Division 5, Chamber 5-7

    2 years, 4 months and 6 days later · 860 days

  4. 27 September 2017France

    27 September 2017France

    Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber, No. 1223 FS-D dated 27 September 2017

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Case no.
    U 15-20.087 and R 15-20.291 (joined)
    Citation
    Arrêt No. 1223 FS-D
    Decision summary
    The Court of Cassation rejected EDF's appeal against the findings concerning abuse of a dominant position in the photovoltaic-services market. It partially quashed the Paris Court of Appeal judgment insofar as it removed the repeated-offence aggravating circumstance and reduced EDF's penalty under article 1 of Competition Authority decision No. 13-D-20, and remanded those issues to a differently composed Paris Court of Appeal.

    Supporting details

    14 authorities · 23 participants
    Chair of the French Competition Authority
    Representative
    SCP Baraduc, Duhamel et Rameix (For: Chair of the French Competition Authority)
    Electricité de France
    Representative
    SCP Piwnica et Molinié (For: Electricité de France)
    Solaire direct
    Representative
    SCP Célice, Soltner, Texidor et Périer (For: Solaire direct)
    Minister of the Economy, Industry and Digital Affairs
    French Court of Cassation, Commercial, Financial and Economic Chamber
    Advocate General
    Mme Beaudonnet
    Other
    Court Reporter
    M. Graveline

    Authorities cited

    14
    • French Commercial Code (Articles L. 420-2, L. 464-2 and R. 470-2 of the French Commercial Code)
      statute
    • French Judicial Organisation Code (Article R. 431-5 of the French Judicial Organisation Code)
      statute
    • French Code of Civil Procedure (Article 700 of the French Code of Civil Procedure)
      statute
    • Treaty on the Functioning of the European Union (TFEU) (Article 102 of the Treaty on the Functioning of the European Union)
      statute
    • Convention for the Protection of Human Rights and Fundamental Freedoms (Article 6 § 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms)
      statute
    • French Declaration of the Rights of Man and of the Citizen (Article 8 of the French Declaration of the Rights of Man and of the Citizen)
      statute
    • Charter of Fundamental Rights of the European Union (Article 49 of the Charter of Fundamental Rights of the European Union)
      statute
    • Competition Council decision No. 00-D-47 of 22 November 2000 (00-D-47)
      case-law
    • Court of Justice of the European Union, TeliaSonera, 17 February 2011 (C-52/09)
      case-law
    • Court of First Instance, British Airways v Commission, 17 December 2003 (T-219/99)
      case-law
    • Court of Justice of the European Communities, Michelin v Commission, 3 July 1991 (C-322/81)
      case-law
    • Court of First Instance, Michelin II, 3 September 2003 (T-203/01)
      case-law
    • General Court, Tomra, 9 September 2010 (T-155/06)
      case-law
    • Court of Justice of the European Union, Tomra, 19 April 2012 (C-549/10 P)
      case-law

Matter record

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Electricité de France v Solaire Direct (French Court of Cassation joined appeals U 15-20.087 and R 15-20.291) · Matter