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Case C-648/18: Judgment of the Court (Fourth Chamber) of 17 September 2020 (request for a preliminary ruling from the Tribunalul București — Romania) — Autoritatea națională de reglementare în domeniul energiei (ANRE) v Societatea de Producere a Energiei Electrice în Hidrocentrale Hidroelectrica SA (Reference for a preliminary ruling — Internal market in electricity — Free movement of goods — Article 35 TFEU — Quantitative restrictions on exports — Measures having equivalent effect — National measure requiring electricity producers to offer for sale all the electricity available to them exclusively on a centralised competitive market of the Member State concerned)
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62018CA0648
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16.11.2020
Official Journal of the European Union
C 390/3
(Case C-648/18) (1)
(Reference for a preliminary ruling - Internal market in electricity - Free movement of goods - Article 35 TFEU - Quantitative restrictions on exports - Measures having equivalent effect - National measure requiring electricity producers to offer for sale all the electricity available to them exclusively on a centralised competitive market of the Member State concerned)
(2020/C 390/04)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: Autoritatea națională de reglementare în domeniul energiei (ANRE)
Defendant: Societatea de Producere a Energiei Electrice în Hidrocentrale Hidroelectrica SA
Operative part of the judgment
Articles 35 and 36 TFEU must be interpreted as meaning that national legislation, as interpreted by the authority responsible for applying it, which requires national electricity producers to offer for sale all the electricity available to them on the platforms managed by the only operator designated for national electricity market trading services, constitutes a measure having equivalent effect to a quantitative restriction on exports that cannot be justified on grounds of public security connected to the security of energy supply, in so far as such legislation is not proportionate to the objective pursued.
(1) OJ C 25, 21.1.2019.