E-Pango v. RTE dispute: no ruling on the merits before the end of 2026
The Paris Court of Economic Activities has set a separate timetable for each of the four proceedings linked to the dispute between E-Pango and RTE, with a final deadline for submissions on 12 May 2027.
A postponement linked to a case from Bobigny and to the appeal ruling
E-Pango, a provider of energy supply to businesses and local authorities listed under the ticker ALAGO, stated on 12 November 2026 that the case between it and RTE was not pleaded and has been adjourned. Scheduled for hearing on 9 November 2026, the case concerns a damages claim brought by the company against RTE.
According to the company, this adjournment follows the late arrival before the Court of the case concerning a damages claim by a former client, referred by the Bobigny Commercial Court. It also stems from the Paris Court of Appeal's ruling of 20 February 2026, issued after the appeal lodged by RTE on 20 June 2025.
The Court of Appeal had noted that these disputes “share the common aim of establishing the liability of RTE in the suspension of E-Pango's authorisation to supply electricity”. Procedural issues raised by E-Pango since June 2026 were also to be resolved before any pleadings.
E-Pango seeks joinder of the proceedings and a joint hearing
This timetable leads the company to revise its statement of 18 February 2026: no ruling on the merits can be issued before the end of 2026. E-Pango said it is awaiting the joinder of the proceedings and the scheduling of a joint hearing for pleadings.
The company said it regrets a delay which, in its view, financially penalises E-Pango and its former clients. It stresses that after more than four years, no commercial or administrative court has ruled on the liability of the State and/or RTE, although the limitation period for bringing such a claim is approaching.
E-Pango recalled that the Conseil d'État annulled in October 2022 the resolution of 20 January 2022 used to terminate the participation agreement, a termination which the Paris Commercial Court deemed without legal basis on 21 April 2023. The company believes that joinder would allow a single judgment, delivered in the presence of all parties.
