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Case C-329/15: Judgment of the Court (Fifth Chamber) of 13 September 2017 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — ENEA S.A. v Prezes Urzędu Regulacji Energetyki (Reference for a preliminary ruling — State aid — Concept of ‘aid granted by a Member State or through State resources’ — Obligation on a limited liability company in the energy sector, wholly owned by the State, to purchase energy produced by cogeneration with the production of heat)
ECLI:EU:UNKNOWN:62015CA0329
62015CA0329
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Official Journal of the European Union
C 382/6
(Case C-329/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - State aid - Concept of ‘aid granted by a Member State or through State resources’ - Obligation on a limited liability company in the energy sector, wholly owned by the State, to purchase energy produced by cogeneration with the production of heat))
(2017/C 382/05)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: ENEA S.A.
Defendant: Prezes Urzędu Regulacji Energetyki
Operative part of the judgment
Article 107(1) TFEU must be interpreted as meaning that a national measure, such as that at issue in the main proceedings, placing an obligation on both private and public undertakings to purchase electricity produced by cogeneration with the production of heat does not constitute intervention by the State or through State resources.
(<span class="note">1</span>) OJ C 320, 28.9.2015.
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Language of the case: Polish