Around Montmorillon

French electricity suppliers have been officially labelled naughty boys and girls by a European court in Brussels.

If you live permanently or have a holiday home in France, this may be for you. The ECJ have decided that one of France's electricity taxes is illegal - the CSPE (contribution au service public de l'électricité), a substantial tax that appears in the breakdown of your bill. You're entitled to claim this tax back for the last 2 years, by recorded delivery letter (LRAR) - so find your bills, do the math and CLAIM A REFUND!



The following blog, is where all this information originated, all completely legal and verifiable.
https://blogs.juridique.wengo.fr/node/56336

And this is the format your letter should take with the usual best wishes to M. Faceless Bureaucrat and his family, hoping he has many grandchildren etc etc included.....


https://www.france-info.co.uk/PDFS/Elect...202014.pdf

Before you shower me with money, gifts and crates of St Emilion Grand Cru, my heartfelt thanks to Willow17 for cracking the case in the first place and La Brasserie.

My registered letter is now on its merry way to Poitiers.

I now look forward to many a happy month thrashing around in a bureaucratic tumble dryer. BUT.... if you don't ask, you don't get.

Bonne chance.

Thanks Admiral & Co

A couple of questions as usual from me.

#1 Have I understood it right. Though it was deemed illegal, we can still only claim for 2012 & 2013 and we will still have to pay the CSPE on future bills?

#2 On the form where it says Lettre LRAR do I have to put anything there or just leave it as is.

#3 Is this where I send it?
Soregies Seml
78 Avenue Jacques Coeur
86068
Poitiers
Cedex 9

Thanks again.

(Sat-12-04-2014, 11:11 AM)Fred Wrote: [ -> ]Thanks Admiral & Co

A couple of questions as usual from me.

#1 Have I understood it right. Though it was deemed illegal, we can still only claim for 2012 & 2013 and we will still have to pay the CSPE on future bills?

#2 On the form where it says Lettre LRAR do I have to put anything there or just leave it as is.

#3 Is this where I send it?
Soregies Seml
78 Avenue Jacques Coeur
86068
Poitiers
Cedex 9

Thanks again.

You can claim on bills dating from April 2012 to now. You should add up the CSPE amounts from April 2012 to December 2013 and add 19.6% TVA. For the bills January to April 2014, add up the totals and add 20% TVA.

As far as I'm aware the CSPE charges on our bills should cease to exist. Be interesting...We are in France after all, and when have they taken any notice of a European court?

The Lettre LRAR should be left as is. It's there so the Saturday boy opening the mail knows he has to actually pay attention rather than throw it in the bin.

You've got the address spot on.

Bonne chance.

(Mon-14-04-2014, 15:59 PM)Admiral Wrote: [ -> ]You can claim on bills dating from April 2012 to now. You should add up the CSPE amounts from April 2012 to December 2013 and add 19.6% TVA. For the bills January to April 2014, add up the totals and add 20% TVA.

As far as I'm aware the CSPE charges on our bills should cease to exist. Be interesting...We are in France after all, and when have they taken any notice of a European court?

The Lettre LRAR should be left as is. It's there so the Saturday boy opening the mail knows he has to actually pay attention rather than throw it in the bin.

You've got the address spot on.

Bonne chance.

Thank you Admiral, it's going off as I speak.

Mmmmmm now what could I get Admiral as a thank you ......................... oh I know, how about an antique bottle corker.

Forgot to mention, I got a letter back. I've not understood it all, but I think it's saying "Yes you're right, but tough"

Anyone else had a reply, if so what does it say ?

Apologies for the delay but having just returned from a few weeks in Angleterre, I've got a letter saying just that.

The letter is saying that basically, the Euro court is right and therefore so is your reading of the judgement BUT we (Soregies) have found a way round it so don't bother us anymore.

From what I can make out, Soregies argues that the judgement only applies to households supplied with electricty generated from wind turbines. Go on prove it buddy.............

I somehow knew I was on a hiding to nothing taking on a nationalised French company. To celebrate, I find waiting for me, the biggest electricty bill we have ever received.......

(Sun-18-05-2014, 16:39 PM)Admiral Wrote: [ -> ]Apologies for the delay but having just returned from a few weeks in Angleterre, I've got a letter saying just that.

The letter is saying that basically, the Euro court is right and therefore so is your reading of the judgement BUT we (Soregies) have found a way round it so don't bother us anymore.

From what I can make out, Soregies argues that the judgement only applies to households supplied with electricty generated from wind turbines. Go on prove it buddy.............

I somehow knew I was on a hiding to nothing taking on a nationalised French company. To celebrate, I find waiting for me, the biggest electricty bill we have ever received.......

This is the latest info written in the Connextion newspaper last week.

Claim power bill cashback, urge lawyers.
€300 possible as EU rules green subsidy illegal.

Lawyers are urging all electricity users in France - private or business - to claim bill repayments for the last two years. This amounts to several hundred euros for many families.
It comes after the CSPE tax, which forms up to 10% of the average power bill, was rules illegal under EU law by the European Court of Justice (ECI) in December 2013. The tax - Contribution au Service Public d'Electricité - is levied by electricity providers to compensate for the costs of investing in greener power production. This is then paid to the state bank the Caisse des Dépots which then pays much of it back to the power suppliers to invest in alternative energy projects.
ECJ judges rules that this constituted state aid which might unfairly advantage firms in France and was thus against the fair competition rules of the EU marketplace. France should have asked permission from the European Commission before bringing it in.
The ruling was sought by the French Conseil d'Etat (the top administrative court and an official government advisory body) in connection with legal action by the anti-wind turbine pressure group Vent de Colére.
Lawyers told Connextion it means all electricity users have a strong case for reclaiming the tax. They advise people do so quickly before back dated claims are potentially ruled out.
The ECJ rejected France's request that the effect of its ruling should not be retroactive, but Lawyers say the Conseil d'Etat, which has not yet ruled on the matter, may seek to oppose back dated claims so lodging a claim before it rules is advisable.
Claims can be backdated for two years. Lawyer Sandrine Martinet-Beunier, from Clermont-Ferrand, says France is also thought to be trying to present its tax to the European Commission so it can now be seen to have declared it.
Ms Martinet-Beunier told Connextion: "As there has been no decision by the Conseil d'Etat yet, the best thing to do is to ask for a reimbursement of CSPE pais over the last 24 months starting from when you make the request, to the body charged with managing the tax." (see later story)
Business lawyers Lamy-Lexel, based in Paris and Lyon, also advise this, stating that the Conseil d'Etat is bound to follow EU principles in matter of state aid and that "in principle, these rules provide that any non-notified state aid is illegal".
The say that people should put in claims "without waiting for a Conseil d'Etat decision....so as to safeguard their rights.".
Avocat Christian Guichard of Lamy-Lexel said it appears so far this information has been mostly communicated among large (business) users of electricity rather than to the public. No refunds are as yet known to have been made.
The amount of CSPE is itemised on bills so you can check this by consulting your old bills - often these ae stored online at your personal space on the energy suppliers website if you no longer have a paper copy.

How to Claim:To

Lamy-Lexel say claims should be made to :
M. le President.
The Comité de Régulations de L'Energie (CRE),
15 Rue Pasquier,
75379,
Paris.

Your letter should be sent by recorded delivery - lettre recommandée avec accusé de reception (LRAR), with copies of the relevant bills as proof of having paid the tax. It is advisable to keep a copy of documents sent.
Connextion asked EDF to comment on how it intends to deal with requests but it had not replied as we went to press.
This comes as new Energy Minister Ségoléne Royal vetoed the prospect of households having to pay top-up electricity bills of €30-50 after the Conseil d'Etat ruled a price-rise limit set by the Ayrault government in 2012 had not allowed EDF to cover its costs. However, bills will still rise 5% from August as had been planned.
To help readers make a CSPE claim we have placed a sample letter in French at http://www.connexionfrance.com