16.4.2018

EN

Official Journal of the European Union

C 134/14

(Case C-727/17)

(2018/C 134/19)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: ECO-WIND Construction S.A., established in Warsaw

Public administrative authority: Samorządowe Kolegium Odwoławcze w Kielcach

Questions referred

1.Should Article 1(1)(f) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (1) be interpreted as meaning that a statutory provision which introduces a restriction on the location of wind farms by establishing a minimum distance between a wind farm and a residential building or mixed-use building used for residential purposes, stating that this distance is to be equal to or greater than ten times the height of the wind farm measured from ground level to the highest point of the structure, including technical elements, in particular the rotor and rotor blades, is a ‘technical regulation’, a draft of which should be communicated to the Commission pursuant to Article 5(1) of that directive?

2.Should Article 15(2)(a) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (2) be interpreted as meaning that a statutory provision which introduces a restriction on the location of wind farms by establishing a minimum distance between a wind farm and a residential building or mixed-use building used for residential purposes, stating that this distance is to be equal to or greater than ten times the height of the wind farm measured from ground level to the highest point of the structure, including technical elements, in particular the rotor and rotor blades, is a provision that makes access to a service activity or the exercise of it subject to territorial restrictions, in particular in the form of limits fixed according to a minimum geographical distance between providers, of which a Member State is to notify the Commission pursuant to Article 15(7) of that directive?

3.Should the first subparagraph of Article 3(1) and the first subparagraph of Article 13(1) 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 (3) be interpreted as precluding national legislation which introduces a restriction on the location of wind farms by establishing a minimum distance between a wind farm and a residential building or mixed-use building used for residential purposes, stating that this distance is to be equal to or greater than ten times the height of the wind farm measured from ground level to the highest point of the structure, including technical elements, in particular the rotor and rotor blades?

(1) OJ 2015 L 241, p. 1.

(2) OJ 2006 L 376, p. 36.

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