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Case C-376/18: Judgment of the Court (Fifth Chamber) of 12 December 2019 (request for a preliminary ruling from the Najvyšší súd Slovenskej republiky — Slovak Republic) — Slovenské elektrárne a.s. v Úrad pre vybrané hospodárske subjekty, formerly Daňový úrad pre vybrané daňové subjekty (Reference for a preliminary ruling — Admissibility — Common rules for the internal market in electricity — Directive 2009/72/EC — Scope — Article 3 — Objectives — Principle of non-discrimination — Special levy on the revenue of entities that are holders of an authorisation to carry on activity in regulated sectors — Electricity sector)

ECLI:EU:UNKNOWN:62018CA0376

62018CA0376

December 12, 2019
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17.2.2020

Official Journal of the European Union

C 54/3

(Case C-376/18) (1)

(Reference for a preliminary ruling - Admissibility - Common rules for the internal market in electricity - Directive 2009/72/EC - Scope - Article 3 - Objectives - Principle of non-discrimination - Special levy on the revenue of entities that are holders of an authorisation to carry on activity in regulated sectors - Electricity sector)

(2020/C 54/03)

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Slovenské elektrárne a.s.

Defendant: Úrad pre vybrané hospodárske subjekty, formerly Daňový úrad pre vybrané daňové subjekty

Operative part of the judgment

Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and, in particular, Article 3(1) to (3) and (10) thereof, must be interpreted as not precluding national legislation that establishes a special levy on the revenue, with respect to activities performed both nationally and abroad, of undertakings operating, on the basis of an authorisation issued by a public authority, in various regulated activity sectors, including undertakings that hold an authorisation for supplying electricity issued by the competent national regulatory authority.

(1)

OJ C 285, 13.8.2018.

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