24.6.2019

Official Journal of the European Union

C 213/18

(Case C-306/19)

(2019/C 213/17)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Milis Energy SpA

Defendants: Presidenza del Consiglio dei Ministri, Ministero dello Sviluppo Economico and Gestore dei Servizi Energetici SpA — GSE

Question referred

Does EU law preclude the application of a provision of national law, such as that set out in Article 26(2) and (3) of Decree-Law No 91/2014, as converted into law by Law No 116/2014, which significantly reduces or delays the payment of incentives already granted by law and defined on the basis of ad hoc agreements concluded by undertakings generating electrical energy by means of photovoltaic conversion with Gestore dei Servizi Energetici SpA, a public company responsible for that process? In particular, is such a provision of national law compatible with the general principles of EU law relating to legitimate expectations, legal certainty, sincere cooperation and effectiveness, with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union, with Directive 2009/28/EC (1) and the rules governing support schemes laid down therein, and with Article 216(2) TFEU, in particular in relation to the Energy Charter Treaty?

(1) 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 (OJ 2009 L 140, p. 16).