Well, well, well....
It seems like the EDF ‘refund’ saga is not over yet. The Conseil d’Etat, has just passed a ruling annulling the 2008 decree which fixed the preferential, non-competitive tariffs paid by EDF to wind turbine owners for their electricity.
Why does this matter? Well, a significant chunk of the CSPE is passed on to EDF as compensation for having to pay out these rates. And, if you recall, back in December the EU Court of Justice ruled that this compensation deal constituted illegal state aid.
So in theory, annulling the 2008 decree invalidates the CSPE.
Note that I said, “in theory”...
What happens next is still unclear. This ruling may impact on CSPE refund claims. Equally, more analysis of the ruling may be required before this issue is finally resolved. It’s clearly not over yet so watch this space!