In a judgment issued on September 7th, the court ordered EDF to communicate to the CEC the “complete” report on that project report in a period of one month. The court also enjoined to the electrician to “proceed with a new convocation” of the CEC “for the purposes of consultation” on the Hinkley Point case, in a period of two months.

The CCE of the EDF had argued in June 2016 before the justice that it did not have “all the elements to make a valid opinion” on this mammoth project, which represents according to EDF, a total investment of 19.6 billion pounds (about 22.2 billion euros).

It claimed, in particular, the communication of a risks analysis report, says the Escatha report, and asked for the “suspension” of the implementation of the project.

However, the instance of staff representation had been dismissed on October 27, 2016, given that the president of the High Court of Paris had declared the appeal inadmissible. In the meantime, the board of directors of EDF had validated in July the investment decision.

For the court of appeal, “in the first place, it must be considered that the decision” of the board of directors “does not constitute a plea of inadmissibility” to the extent that the project is “at the initial stage of its execution”.

Stressing that the project is “of a remarkable importance for the activity of the company”, the court noted that the documents provided to the CEC “are insufficient”. The court referred to a “general presentation (…), not enough accurate and objective” and “operational and financial risks (that) are definite but not enough elaborated”.

The court concluded that the EDF “has not communicated to its CEC an objective, accurate, and complete information, to the extent of the technical and financial challenges raised” by the Hinkley Point project, “not allowing it to give a reasoned opinion”.

In a press release, the CCE of the EDF has “welcomed this decision, which reiterates the importance of the right to information and consultation of staff representatives”.

The inter-trade union CGT, CFE-CGC and FO of the EDF had engaged in a fierce battle, in 2016, against a “hasty” launching of this huge construction site in England, without the need for a “complete return of experience of an EPR”.