Official Journal of the European Union

C series

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C/2025/48

(Case C-653/24, Regione Emilia-Romagna)

(C/2025/48)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Presidente del Consiglio dei Ministri

Defendant: Regione Emilia-Romagna

Questions referred for a preliminary hearing

1.Must Article 12(1) and (2) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1) be interpreted as meaning that it also applies to power plants engaged in the mere production of electricity, such as small-scale diversion hydroelectric plants?

2.If the answer to the first question is in the affirmative, must Article 12(1) and (2) of Directive 2006/123/EC be interpreted as meaning that the reference to the condition of scarcity of natural resources precludes legislation of a Member State which is based on – as an abstract and general criterion for determining whether or not diversion plants are capable of causing water scarcity – the difference between large and small-scale plants (which produce motive power with an annual average nominal power exceeding 3000 kW, and motive power with an annual average nominal power inferior or equal to 3 000 kW, respectively)?

3.Last, if the answer to the first and second questions is in the affirmative, must Article 12(2) of Directive 2006/123/EC be interpreted as meaning that it precludes legislation of a Member State which provides for an extension of the duration of the concession in order to allow the concessionaire to make full use of incentives granted for the production of energy from renewable sources, up to the maximum duration (thirty years) which may, from the outset, be granted to a concession of a small-scale diversion?

(1) OJ 2006 L 376, p. 36.

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ELI: http://data.europa.eu/eli/C/2025/48/oj

ISSN 1977-091X (electronic edition)

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