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Case C-187/25, EVN Bulgaria Renewables: Request for a preliminary ruling from the Administrativen sad Plovdiv (Bulgaria) lodged on 7 March 2025 – EVN Bulgaria Renewables EOOD v Direktor na Teritorialna direktsia Plovdiv na Natsionalnata agentsia za prihodite
ECLI:EU:UNKNOWN:62025CN0187
62025CN0187
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Official Journal of the European Union
C series
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C/2025/3263
24.6.2025
(Case C-187/25, EVN Bulgaria Renewables)
(C/2025/3263)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: EVN Bulgaria Renewables EOOD
Defendant: Direktor na Teritorialna direktsia Plovdiv na Natsionalnata agentsia za prihodite
Questions referred
Must Article 6(1) of Council Regulation (EU) 2022/1854 (1) of 6 October 2022 on an emergency intervention to address high energy prices be interpreted as meaning that the mandatory cap, introduced by that provision, on market revenues obtained from electricity produced from the sources listed in Article 7(1) of EUR 180 per MWh constitutes a single Union-wide cap on market revenues that applies in all Member States, and that the Member States may maintain or introduce other measures that further restrict the market revenues, inter alia, by setting a lower cap in the cases referred to in Article 8(1)(a), taking into account the requirements of Article 8(2) of the Regulation?
Does the provision laid down in point 2 of Section 8(3) of the Transitional and Final Provisions of the Law on the Application of Budget Law Provisions 2022, according to which, for market revenues obtained from the production of electricity from the sources listed in Article 7(1) of Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices (OJ L 261 I, 7.10.2022, p. 1), by producers whose balancing premiums contracts pursuant to Section 68(1) in conjunction with paragraph (9) of the Law Amending and Supplementing the Energy Law concerning the relevant plant had not been terminated as of 8 October 2022, the cap on revenues is the level of the preferential price under the electricity purchase contract pursuant to Section 31 of the Law on Energy from Renewable Sources, meet the requirements laid down in Article 8(2) of the Regulation, in particular the requirements of proportionality and non-discrimination in point (a)?
(1) OJ 2022. L 261 I, p. 1.
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ELI: http://data.europa.eu/eli/C/2025/3263/oj
ISSN 1977-091X (electronic edition)
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