The affair, revealed almost ten years ago, finally resulted in an acquittal for the EDF group and its former boss. The French group and Henri Proglio, prosecuted for favoritism in a case of disputed contracts with consultants between 2010 and 2016, were acquitted on Monday September 30, in Paris, like eleven of their co-defendants.
The criminal court found that “criminal intent” of the former CEO was not demonstrated. “I am finally recognized as innocent of this kind of unhealthy outburst that has tarnished me for years”declared Henri Proglio as he left the courtroom.
The man who managed the energy company between 2009 and 2014 had to explain himself in court in May and June on forty-four consultant contracts concluded with communicators, former business leaders, magistrates, lawyers or journalists, for missions of « lobbying », “information”, “strategic advice”, « communication » or “risk management”with EDF management.
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For the prosecution, these contracts, each worth forty thousand to four million euros over several years, should not have been concluded over the counter, but should have been the subject of competitive bidding.
Two years in prison required
The national financial prosecutor’s office had requested a two-year suspended prison sentence and a 200,000 euro fine against Henri Proglio, 75, as well as a one million euro fine against EDF, prosecuted as a legal entity.
At the heart of this affair is a 2010 memo, written on the instructions of the CEO, which framed the consultant recruitment process. For the court, “the proof has not been reported” that this note “proceeded from genuine criminal intent”.
“Henri Proglio and his general secretary cannot be rightly criticized for having consciously established and implemented a contrary procedure” to the rules of public procurement, declared President Benjamin Blanchet.
Consequently, the eleven consultants prosecuted alongside EDF and Henri Proglio for concealment of favoritism were also acquitted. Among them were the former director of Gaz de France and SNCF, Loïk Le Floch-Prigent, the criminologist Alain Bauer, the journalist Jean de Belot, and the consulting company of the former CEO of Vivendi, Jean- Marie Messier.
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