Contribution on the inframarginal rent of electricity production.

On 29 December 2022, the French Constitutional court (Conseil constitutionnel), seized by two appeals from more than sixty deputies each, ruled on the Budget Act for 2023, judging it to be partially non-compliant with the French Constitution. 

Thus, although the Constitutional court rejected the criticisms relating to the adoption procedure and the lack of sincerity of the Budget Act, it censured seven provisions of the Budget Act for 2023.

Nevertheless, these provisions - Articles 82, 83, 98, 142, 143, 171 and 187 of the 2023 Budget Act - deemed contrary to the French Constitution, do not concern the energy sector. 

The bill, which was definitively adopted without a vote by the French National Assembly on 17 December 2022, following recourse to Article 49 paragraph 3 of the French Constitution, therefore remains unchanged as regards its article 54 pertaining to the "contribution on the inframarginal rent of electricity production" (art. 4 duovicies of the French Tax code). From 1 July 2022 to 31 December 2023, electricity producers will have to pay a contribution equal to the fraction of their revenue exceeding a fixed threshold, different for each production technology. 

While this measure has a direct impact on the energy market, we will have to wait until 10 January to discover the new measures relating to the energy market, this time introduced by the upcoming law on the acceleration of renewable energy production. 

The year 2023 is already shaping up to be a busy one for our practice. But as in 2022, our team is mobilised and present to accompany you.