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Case C-22/16: Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 15 January 2016 — Fondul Proprietatea SA v SC Hidroelectrica SA
ECLI:EU:UNKNOWN:62016CN0022
62016CN0022
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4.4.2016
EN
Official Journal of the European Union
C 118/11
(Case C-22/16)
(2016/C 118/14)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: Fondul Proprietatea SA
Defendant: SC Hidroelectrica SA
Questions referred
1.For the purposes of Article 107 TFEU, is the holding by a Romanian publicly-funded company of shares in a joint (Romanian-Turkish) company equivalent to State aid subject to the obligation to notify set out in Article 108(3) TFEU? Does it constitute public funding selective in nature, and could it have an effect on trade between Member States of the European Union?
2.Can it be held that such a shareholding by a publicly-owned electricity-producing company infringes the principle of separating transmission systems from transmission system operators established by Article 9 of Directive 2009/72/EC (1) concerning rules adopted for the internal market in electricity?
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 (OJ 2009 L 211, p. 55).