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Case C-515/16: Request for a preliminary ruling from the Cour d’appel de Versailles (France) lodged on 3 October 2016 — Enedis SA, formerly Électricité Réseau Distribution de France (ERDF) v Axa Corporate Solutions SA and Ombrière Le Bosc SAS
ECLI:EU:UNKNOWN:62016CN0515
62016CN0515
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19.12.2016
Official Journal of the European Union
C 475/13
(Case C-515/16)
(2016/C 475/19)
Language of the case: French
Referring court
Parties to the main proceedings
Appellant: Enedis SA, formerly Électricité Réseau Distribution de France (ERDF)
Respondents: Axa Corporate Solutions SA and Ombrière Le Bosc SAS
Questions referred
1.Must Article 107(1) TFEU be interpreted as meaning that the obligation to purchase the electricity generated by plants which use solar radiation energy at a price higher than the market price, that is financed by all final consumers of electricity, as it results from the Ministerial Orders of 10 July 2006 (JORF No 171 of 26 July 2006, p. 11133) and 12 January 2010 (JORF No 0011 of 14 January 2010, p. 727) fixing the conditions for purchasing that electricity, read in conjunction with Law No 2000-108 of 10 February 2000 on the modernisation and development of the public electricity service, Decree No 2000-1196 of 6 December 2000 and Decree No 2001-410 of 10 May 2001, constitutes State aid?
2.If so, must Article 108(3) TFEU be interpreted as meaning that the failure to notify the European Commission of that mechanism beforehand affects the validity of the abovementioned Orders giving effect to the aid at issue?