15.7.2019

Official Journal of the European Union

C 238/11

(Case C-378/19)

(2019/C 238/15)

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Prezident Slovenskej republiky

Questions referred

1.Can Article 35(4) of Directive 2009/72/EC (1) of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC be interpreted, in particular in the light of recital 33 thereof, as precluding, in a Member State, in the context of the amendment of a national measure transposing that directive, the power to nominate and dismiss the chairman of the Regulatory Authority from being withdrawn from the President of the Republic, who is directly elected by the citizens, and conferred instead on the Government, with the result that the legal situation which existed prior to the transposition of the directive is restored?

2.Is it possible to interpret Article 35(5) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, in particular in the light of recital 34 thereof, as precluding a rule of national law which, in order to ensure defence of the public interest, permits ministers to take part in the tariff regulation procedure at the Regulatory Authority?

(1) OJ 2009 L 211, p. 55.

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Language of the case: Slovak