(Case C-546/17)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: DISA Gas SAU

Defendants: Administración del Estado, Redexis Gas, S.L., Repsol Butano, S.A.

Questions referred

1)In the light of the case-law laid down in [the judgment of 20 April 2010, Federutility, C-265/08], is a measure setting a maximum price for cylinders of bottled liquefied gas, in so far as it is a measure for the protection of socially vulnerable users, compatible with that case-law or with the principle of proportionality where, separately or together, any of the following circumstances occur?

—the measure is adopted as a general measure in relation to all consumers and for an indefinite period ‘while the conditions of competition on this market are not considered to be sufficient’,

—the measure has already been in force for more than 28 years,

—the measure may contribute to freezing the situation of limited competition by impeding the entry of new operators.

2)In the light of the case-law laid down in [the judgment of 20 April 2010, Federutility, C-265/08], is the obligation placed on the dominant operator in a given territory to provide home delivery of bottled liquefied petroleum gas, on the ground that it protects socially vulnerable users or residents in areas that are difficult to access, compatible with that case-law or with the principle of proportionality where, separately or together, any of the circumstances listed in the previous question occur?