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Case C-515/16: Order of the Court (Fifth Chamber) of 15 March 2017 (request for a preliminary ruling from the Cour d’appel de Versailles — France) — Enedis, SA v Axa Corporate Solutions SA, Ombrière Le Bosc SAS (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Articles 107 and 108 TFEU — State aid — Concept of ‘intervention by the State or through State resources’ — Solar power — Obligation to purchase at a price higher than the market price — Compensation in full — No prior notification)
ECLI:EU:UNKNOWN:62016CB0515
62016CB0515
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29.5.2017
Official Journal of the European Union
C 168/19
(Case C-515/16) (<a id="ntc1-C_2017168EN.01001901-E0001" href="#ntr1-C_2017168EN.01001901-E0001"> (<span class="super note-tag">1</span>)</a>)
((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Articles 107 and 108 TFEU - State aid - Concept of ‘intervention by the State or through State resources’ - Solar power - Obligation to purchase at a price higher than the market price - Compensation in full - No prior notification))
(2017/C 168/24)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Enedis, SA
Defendants: Axa Corporate Solutions SA, Ombrière Le Bosc SAS
Operative part of the order
1)Article 107(1) TFEU must be interpreted as meaning that an obligation, such as that introduced by the national legislation at issue in the main proceedings, to purchase electricity generated by plants which use solar radiation energy at a price higher than the market price and that is financed by all final consumers of electricity must be regarded as intervention by the State or through State resources.
2)Article 108(3) TFEU must be interpreted as meaning that where a national measure constituting State aid within the meaning of Article 107(1) TFEU has not been notified to the European Commission in advance, it is for the national courts to draw all the inferences of that unlawfulness, in particular as regards the validity of the measures implementing that measure.
(<a id="ntr1-C_2017168EN.01001901-E0001" href="#ntc1-C_2017168EN.01001901-E0001">(<span class="super">1</span>)</a> OJ C 475, 19.12.2016)