Official Journal of the European Union

C 200/8

(Case C-150/16)

(2016/C 200/13)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant at first instance and appellant: Fondul Proprietatea SA

Defendant at first instance and respondent: Complexul Energetic Oltenia SA

Questions referred

1.Does the decision of the general shareholders’ meeting of COMPLEXUL ENERGETIC OLTENIA SA — adopted with the vote of the Romanian state, represented by the Ministerul Economiei — Departamentul pentru energie, which, as a shareholder, owns 77,17 % of that company’s share capital — by which it was agreed to extinguish SC ELECTROCENTRALE GRUP SA’s debt, totalling RON 28 709 475,13, to COMPLEXUL ENERGETIC OLTENIA SA, by way of transfer of an asset in lieu of payment, consisting of property registered under No 70301 in the land register for the municipality of Chișcani, Brăila district, and by which it was agreed at the same that ELECTROCENTRALE SC GRUP SA would be paid the difference between the market value of the asset and the sum owed to COMPLEXUL ENERGETIC OLTENIA SA, constitute State aid within the meaning of Article 107 of the Treaty on the Functioning of the European Union, that is to say: (i) does it constitute a measure financed by the State or through State resources, (ii) is it selective in nature, and (iii) may it affect trade between the Member States?

2.If the answer to Question 1 is in the affirmative, was such State aid subject to the notification obligation laid down in Article 108(3) of the Treaty on the Functioning of the European Union?