Official Journal of the European Union

C 70/32

—

(Official Journal of the European Union C 22 of 23 January 2017)

(2017/C 070/42)

The Notice in Case C-561/16 Saras Energía should read as follows:

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Saras Energía S.A.

Defendant: Administración del Estado

Other parties: Endesa SA, Endesa Energía SA, Endesa Energía XXI SLU, Viesgo Infraestructuras Energéticas SL, Hidroeléctrica del Cantábrico SAU, Nexus Energía SA, Nexus Renovables SLU, Engie España SL, Villar Mir Energía SL, Energya VM Gestión de Energía y Estaciones de Servicio de Guipúzcoa SA.

Questions referred

(1) Is legislation of a Member State establishing a national energy efficiency obligation scheme whose main method of compliance consists in an annual financial contribution to an Energy Efficiency National Fund established under the provisions of Article 20(4) of Directive 2012/27/EU compatible with Article 7(1) and (9) of that directive?

(2) Is national legislation which provides for the possibility of fulfilling the energy savings obligations through the accreditation of savings as an alternative to the financial contribution to the Energy Efficiency National Fund compatible with Articles 7(1) and 20(6) of Directive 2012/27/EU?

(3) If the above question is answered in the affirmative, is the provision of that alternative possibility for the fulfilment of the energy savings obligations compatible with the abovementioned Articles 7(1) and 20(6) of the directive when its actual existence depends on whether the Government establishes it on a discretionary basis through legislation? In that respect, is such legislation compatible when the Government does not implement that alternative?

(4) Is a national scheme that regards as parties subject to energy saving obligations only gas and electricity retail companies and wholesalers of petroleum products and liquefied petroleum gases, but not gas and electricity distributors or retailers of petroleum products and liquefied petroleum gases, compatible with Article 7(1) and (4) of the directive?

(5) If the answer to the above question is in the affirmative, is the definition of gas and electricity retail companies and wholesalers of petroleum products and liquefied petroleum gases as ‘obligated parties’, without the reasons being determined for gas and electricity distributors and retailers of petroleum products and liquefied petroleum gases not being so defined, compatible with the abovementioned provisions of Article 7?

—

Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

—