10.5.2022

Official Journal of the European Union

C 191/5

(Case C-394/21)

(2022/C 191/05)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Appellant: Bursa Română de Mărfuri SA

Respondent: Autoritatea națională de reglementare în domeniul energiei (ANRE)

Intervening party: Federația Europeană a Comercianților de Energie

Questions referred

1.Having regard to the provisions of Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU, does Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity, in particular Article 1(b) and Article 3 thereof, prohibit, from the time of its entry into force, a Member State from continuing to grant one single licence to organise and operate the centralised electricity markets? Is there an obligation on the Romanian State, as of 1 January 2020, to bring to an end an existing monopoly on operation of the electricity market?

2.Does the scope ratione personae of the principles of free competition laid down in Regulation (EU) 2019/943, in particular in Article 1(b) and (c) and in Article 3 respectively, include the operator of an electricity market such as a commodities exchange? Is it relevant to this answer that, for the definition of the electricity market, point (40) of Article 2 of Regulation (EU) 2019/943 refers to the definition of electricity markets set out in point (9) of Article 2 of Directive (EU) 2019/944?

3.Must the grant by a Member State of one single licence to operate the electricity market be regarded as constituting a restriction of competition within the meaning of Articles 101 and 102 TFEU, in conjunction with Article 4(3) TEU and Article 106(1) TFEU?

Language of the case: Romanian

(1) OJ 2019 L 158, p. 125.

(2) OJ 2019 L 158, p. 54.