The raising of the Arenh ceiling, a mechanism that allows EDF's competitors to buy part of its electricity production at a fixed price and much cheaper than current prices, has been confirmed by the Council of State , Friday, May 6.
With this increase in the Arenh, increased from 100 to 120 TWh over the year 2022, the government's objective was to limit the impact of soaring electricity prices on individuals and professionals.
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The decree implementing this increase had been attacked by several trade union federations (CGT, CFE-CGC, FO and CFDT) who accused it of organizing the "spoliation of EDF".
Following this decision, the management of EDF had also warned of a plunge in its financial result in 2022, attributing it in part to this measure.
“
In a context of a sharp rise in prices on the wholesale electricity market, causing major repercussions for both individuals and professionals, the judge in chambers considers that the contested measure has, under these conditions, a public interest
”, indicates the Council of State.
The high court does not see, either, "
an emergency situation for the financial interests of EDF, the employment conditions of its employees or the financial interests of its employee shareholders
”.
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This summary decision of the Council of State does not however mark the end of the legal dispute on this subject.
The unions have indeed seized the same Council of State of an action for annulment on the merits.
And they also brought the case before the European Commission, considering this measure contrary to European law.
