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Case C-446/23, Warmeston: Request for a preliminary ruling from the Tallinna Halduskohus (Estonia) lodged on 17 July 2023 — Warmeston OÜ v AS Elering
ECLI:EU:UNKNOWN:62023CN0446
62023CN0446
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Official Journal of the European Union
EN
Series C
C/2023/15
9.10.2023
(Case C-446/23, Warmeston)
(C/2023/15)
Language of the case: Estonian
Referring court
Parties to the main proceedings
Applicant: Warmeston OÜ
Defendant: AS Elering
Questions referred
b. Does the answer to the foregoing question depend on:
ii. whether the installation that does not produce energy must be technically (energetically) linked to the electricity production installation; in other words, whether the operation, supplying or such like of the electricity production installation must be dependent on the other installation;
iii. whether the construction of the installation that does not produce energy was in itself economically viable and technologically sound (in that, for example, it has been in operation for more than ten years and the project developer has not taken any steps to construct the electricity production installation in that time)?
b. In particular, how must the substance of the commitments entered into be assessed? Can the ratio of the investments made/commitments entered into/construction works undertaken/costs incurred to the total value of the project be taken into account? Is it also relevant whether the commitments entered into relate to the electricity production installation or the infrastructure of the project?