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Case C-220/23, Prezes Urzędu Regulacji Energetyki: Order of the Court (Seventh Chamber) of 11 January 2024 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie — Poland) — R. sp. z o.o. v Prezes Urzędu Regulacji Energetyki (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — State aid — Support for renewable energy — Obligation to supply electricity from renewable energy sources — Aid compatible with the internal market — Prior notification of the aid — Article 108(3) TFEU — Possibility of imposing a pecuniary penalty for a breach of the supply obligation that occurred before that notification)
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62023CB0220
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Official Journal of the European Union
Series C
C/2024/1665
(Case C-220/23, (*) Prezes Urzędu Regulacji Energetyki)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - State aid - Support for renewable energy - Obligation to supply electricity from renewable energy sources - Aid compatible with the internal market - Prior notification of the aid - Article 108(3) TFEU - Possibility of imposing a pecuniary penalty for a breach of the supply obligation that occurred before that notification)
(C/2024/1665)
Language of the case: Polish
Referring court
Parties to the main proceedings
Appellant: R. sp. z o.o.
Respondent: Prezes Urzędu Regulacji Energetyki
Operative part of the order
The last sentence of Article 108(3) TFEU, together with Article 4(3) TEU, must be interpreted as precluding a pecuniary penalty being imposed on an undertaking for breaching an obligation forming part of a State aid measure implemented before the European Commission adopted the final decision in which it found that aid to be compatible with the internal market, where the breach in question occurred before that decision was adopted.
Date lodged: 5.4.2023.
ELI: http://data.europa.eu/eli/C/2024/1665/oj
ISSN 1977-091X (electronic edition)
* * *
(*) Language of the case: Polish.