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Case C-92/19: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 5 February 2019 — Burgo Group SpA v Gestore dei Servizi Energetici — GSE
ECLI:EU:UNKNOWN:62019CN0092
62019CN0092
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Valentina R., lawyer
27.5.2019
Official Journal of the European Union
C 182/9
(Case C-92/19)
(2019/C 182/11)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: Burgo Group SpA
Respondent: Gestore dei Servizi Energetici — GSE
Questions referred
1.Does Directive 2004/8/EC (in particular Article 12 thereof) preclude an interpretation of Articles 3 and 6 of Legislative Decree No 20/2007 as allowing the benefits referred to in Legislative Decree No 79/1999 (in particular in Article 11 thereof and in Decision No 42/02 of 19 March 2002 of the Autorità dell’energia elettrica e del gas (Electricity and Gas Authority) which constitutes implementation of the preceding provision) to be granted also to non-high-efficiency cogeneration installations even beyond 31 December 2010?
2.Does Article 107 TFEU preclude an interpretation of Articles 3 and 6 of Legislative Decree No 20/2007, in the sense set out under [1] above, in so far as those provisions, as thus interpreted, might constitute ‘State aid’ and therefore be incompatible with the principle of free competition?
3.In line with what is set out under [1] and [2] above, and having regard to what is expressly put forward by the appellant, does a provision of national law which allows support schemes to continue to be granted to non-high-efficiency cogeneration until 31 December 2015 comply with the EU-law principles of equal treatment and non-discrimination, since that could be the interpretation of domestic Italian law as a result of Article 25(11)(c)(1) of Legislative Decree No 28 of 3 March 2011, which repeals the abovementioned provisions of Article 11 of Legislative Decree No 79/1999 with effect from 1 January 2016, or rather now by 19 July 2014 (as a result of Article 10(15) of Legislative Decree No 102 of 4 July 2014)?
Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC (OJ 2004 L 52, p. 50).
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