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Joined Cases C-180/18, C-286/18 and C-287/18: Judgment of the Court (Tenth Chamber) of 11 July 2019 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Agrenergy Srl (C-180/18 and C-286/18), Fusignano Due Srl (C-287/18) v Ministero dello Sviluppo Economico (Reference for a preliminary ruling — Environment — Directive 2009/28/EC — Article 3(3)(a) — Promotion of the use of energy from renewable sources — Production of electricity by solar photovoltaic plants — Alteration of a support scheme — Principles of legal certainty and the protection of legitimate expectations)
ECLI:EU:UNKNOWN:62018CA0180
62018CA0180
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Official Journal of the European Union
C 305/16
(Joined Cases C-180/18, C-286/18 and C-287/18) (1)
(Reference for a preliminary ruling - Environment - Directive 2009/28/EC - Article 3(3)(a) - Promotion of the use of energy from renewable sources - Production of electricity by solar photovoltaic plants - Alteration of a support scheme - Principles of legal certainty and the protection of legitimate expectations)
(2019/C 305/20)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellants: Agrenergy Srl (C-180/18 and C-286/18), Fusignano Due Srl (C-287/18)
Respondent: Ministero dello Sviluppo Economico
Operative part of the judgment
Subject to verifications to be carried out by the referring court taking into account all the relevant factors, Article 3(3)(a) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC, read in the light of the principles of legal certainty and the protection of legitimate expectations, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows a Member State to provide for the reduction, or even the removal, of incentive rates for energy produced by solar photovoltaic plants which were introduced previously.
(1)
OJ C 182, 28.5.2018.
OJ C 249, 16.7.2018.
* * *
Language of the case: Italian