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Case C-76/17: Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 13 February 2017 — SC Petrotel Lukoil SA, Maria Magdalena Georgescu v Ministerul Economiei, Ministerul Energiei, Ministerul Finanțelor Publice
ECLI:EU:UNKNOWN:62017CN0076
62017CN0076
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15.5.2017
Official Journal of the European Union
C 151/19
(Case C-76/17)
(2017/C 151/24)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicants: SC Petrotel Lukoil SA, Maria Magdalena Georgescu
Defendants: Ministerul Economiei, Ministerul Energiei, Ministerul Finanțelor Publice
Questions referred
1.Do the provisions of Article 30 of TFEU preclude an interpretation to the effect that, when a taxpayer has in fact paid a charge having equivalent effect, he may request the recovery of the sums paid by way of that charge even though national legislation has designed a payment mechanism for that charge in such a way as to pass it on to the European consumer?
2.Is the recovery of sums collected in respect of a charge having equivalent effect, when those sums were in fact paid by the taxpayer (but not passed on to the consumer), compatible with EU law?