The name of the Company is: “Électricité de France”. The Company may also be legally designated by the acronym “EDF”.
The Company’s registered office is at 22-30 Avenue de Wagram in the 8th arrondissement of Paris.
The telephone number is +33(0) 1 40 42 22 22.
The Company is registered with the Paris Trade and Companies Registry under number 552 081 317. Its APE code is 401E.
EDF was incorporated pursuant to Act no. 46–628 of 8 April 1946 as a French public industrial and commercial establishment (EPIC). It was converted into a French société anonyme (public limited company) by the Act of 9 August 2004 and the Decree of 17 November 2004.
The Company was incorporated for a term of 99 years as from 19 November 2004, unless the Company is dissolved before such date or unless its term is extended.
Since 20 November 2004, EDF is a French société anonyme with a Board of Directors. It is governed by the laws and regulations applicable to commercial companies, in particular the French Commercial Code (Code de commerce), except in the event of specific exceptions stipulated in the French Energy Code or Order no. 2014-948 of 20 August 2014 on the governance and capital transactions of companies with State holdings and by its articles of association.
This section describes the main legal proceedings except the one covered in note 50 to the consolidated financial statements and any material developments in those proceedings that have occurred between the approval of the financial statements and the filing date of this document.
To the knowledge of the Company, there are no administrative, legal or arbitration proceedings (including any pending or threatened proceedings of which the Company is aware) likely to have or having had in the past 12 months a material impact on the financial situation or the profitability of the Company and/or the Group with the exception of those described below and those described in the notes to the appendix 2019 consolidated financial statements.
France’s Competition Authority is currently investigating EDF in relation to two separate matters. The first investigation follows a complaint filed on 17 October 2016 by Xélan, which alleges, in particular, that EDF’s decision not to provide it with the energy use figures for customers charged regulated tariffs prevents it from issuing its own electricity supply proposals based on energy use management levels. Following this complaint, France’s Competition Authority conducted search and seizure operations at the premises of EDF and several of its subsidiaries on 22 and 23 November 2016. EDF and its subsidiaries lodged appeals with the Court of Appeal in Versailles challenging the procedures. In orders issued on 12 April 2018 and 10 January 2019, the President of the Court of Appeal in Versailles dismissed the appeals against the order authorising the raids and against the manner in which the raids were conducted. EDF and its subsidiaries have lodged an appeal to the Court of Cassation, which is still pending. The second investigation, relating to EDF’s commercial practices in the retail energy supply markets, following a complaint filed by Engie relating, in particular, to the circumstances in which EDF gave access to customer data to electricity suppliers that requested access from the end of 2015, relating to customers supplied energy under the regulated Green and Yellow tariffs, as part of the discontinuation of the tariffs.
Since 21 July 2016, EDF has been the subject of an investigation by the AMF into the financial information provided to the markets since July 2013. As part of this investigation, EDF has provided the AMF with certain information and a number of documents and responded to its questions. To the best of EDF’s knowledge, this investigation is still ongoing and there is no indication as to the outcome of the proceedings.
On 1 December 2016, the CRE (French Energy Regulation Commission) launched an investigation into whether EDF and its subsidiaries EDF Trading Limited and EDFT Markets Limited were guilty of engaging, since 1 April 2016, in practices that could constitute breaches of the provisions of regulation (EU) no. 1227/2011 of 25 October 2011 on wholesale energy market integrity and transparency (REMIT). The CRE informed EDF by letter dated 5 July 2018 that it had referred the matter to the CoRDis (Settlement of Disputes and Sanctions Committee). there is no indication as to the outcome of the proceedings.
A certain number of authorisations and licences related to the Group’s means of production (ASN (Nuclear Safety Authority), decisions by the Prefecture, decrees, orders, etc.) have been challenged before the courts, mainly by environmental associations.
