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Case C-332/10: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Sezione Terza (Italy) lodged on 5 July 2010 — Edipower SpA v Autorità Per l’Energia Elettrica e il Gas
ECLI:EU:UNKNOWN:62010CN0332
62010CN0332
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18.12.2010
Official Journal of the European Union
C 346/26
(Case C-332/10)
()
2010/C 346/43
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Edipower SpA
Defendant: Autorità Per l’Energia Elettrica e il Gas
Question referred
Do Articles 23, 43, 49 and 56 of the Treaty and Article 11(2) and (6) and Article 24 of Directive 54/03/EC preclude national legislation which, without the European Commission having been notified, requires on a permanent basis certain electricity producers which are, in certain circumstances, essential for the purpose of meeting the requirements of the demand for dispatching services, to submit bids on the energy exchange markets, in accordance with programmes determined by the network operator in accordance with external rules, and which prevents producers from freely determining the remuneration for such bids by linking the remuneration to criteria that have not been pre-determined according to transparent, non-discriminatory and market-based procedures?
Language of the case: Italian.