Baker & McKenzie assisted EDF in a dispute regarding Iberdrola Renovables France (which became EGM Wind) and Perfect Wind in relation to the price applicable to six power purchase agreements for electricity generated by wind energy.
In 2010, Iberdrola Renovables France and Perfect Wind brought the case before the Commercial Court of Paris. By judgement dated November 9, 2012, the Court upheld their claims, particularly the ruling that the price applicable was the price in force at the time of the presentation of contracts. This price was cancelled shortly after by the French Council of State, and not the price applicable after this cancellation, on the date of signing the agreements, as claimed by EDF. The Court therefore ordered EDF to pay Iberdrola Renovables France and Perfect Wind more than 2.4 million euro.
In its ruling dated 13 May 2016, the Paris Court of Appeal established, on the contrary, the principle according to which the agreements concerned were only entered into on the date of their signature, the applicable price being the price in force on that date. It therefore invalidated all the provisions of the judgement under appeal.
EDF was represented in this dispute by the Baker & McKenzie Public Law team, comprising Emmanuel Guillaume, partner, Ludovic Coudray and Pierre-Édouard Pivois, associates.
EGM Wind and Perfect Wind were advised by Latham & Watkins with Fabrice Fages and Olivier Parleani.