# C_2015089EN.01000202.xml

| 16.3.2015 | EN | Official Journal of the European Union | C 89/2 |
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16.3.2015

EN

Official Journal of the European Union

C 89/2

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Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 11 December 2014 — PGE Górnictwo i Energetyka Konwencjonalna SA v Prezes Urzędu Regulacji Energetyki

(Case C-574/14)

(2015/C 089/03)

Language of the case: Polish

Referring court

Referring court

Sąd Najwyższy

Parties to the main proceedings

Parties to the main proceedings

Applicant: PGE Górnictwo i Energetyka Konwencjonalna SA

Applicant:

Defendant: Prezes Urzędu Regulacji Energetyki

Defendant:

Questions referred

Questions referred

| 1. | Is Article 107 TFEU, in conjunction with Article 4(3) TEU and Article 4(2) of the Decision of the European Commission of 25 September 2007 (1), to be interpreted as meaning that, where the European Commission classifies State aid as being compatible with the common market, the national court is not entitled to review whether the domestic provisions which have been deemed to constitute permitted State aid are consistent with the assumptions made in the Commission Communication relating to the methodology for analysing State aid linked to stranded costs (‘the Stranded Costs Methodology’)? |
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1.

Is Article 107 TFEU, in conjunction with Article 4(3) TEU and Article 4(2) of the Decision of the European Commission of 25 September 2007 (1), to be interpreted as meaning that, where the European Commission classifies State aid as being compatible with the common market, the national court is not entitled to review whether the domestic provisions which have been deemed to constitute permitted State aid are consistent with the assumptions made in the Commission Communication relating to the methodology for analysing State aid linked to stranded costs (‘the Stranded Costs Methodology’)?

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| 2. | Is Article 107 TFEU, in conjunction with Article 4(3) TEU and Article 4(1) and (2) of the Decision of the European Commission of 25 September 2007, interpreted in the light of points 3.3 and 4.2 of the Stranded Costs Methodology, to be interpreted as meaning that, in the context of the implementation of a State aid programme which the European Commission has found to be compatible with the common market, the annual adjustment of the stranded costs incurred by group-affiliated power generators is carried out on the assumption that the position with respect to the group affiliation of the power generator as recorded in the annexes to the legislative measure examined by the Commission is alone decisive, or is it necessary to verify in respect of every year for which stranded costs are adjusted whether, during that period, the beneficiary of the State aid programme linked to the stranded costs actually belongs to the group to which the other power generators covered by the aid programme also belong? |
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2.

Is Article 107 TFEU, in conjunction with Article 4(3) TEU and Article 4(1) and (2) of the Decision of the European Commission of 25 September 2007, interpreted in the light of points 3.3 and 4.2 of the Stranded Costs Methodology, to be interpreted as meaning that, in the context of the implementation of a State aid programme which the European Commission has found to be compatible with the common market, the annual adjustment of the stranded costs incurred by group-affiliated power generators is carried out on the assumption that the position with respect to the group affiliation of the power generator as recorded in the annexes to the legislative measure examined by the Commission is alone decisive, or is it necessary to verify in respect of every year for which stranded costs are adjusted whether, during that period, the beneficiary of the State aid programme linked to the stranded costs actually belongs to the group to which the other power generators covered by the aid programme also belong?

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(1)  Commission Decision 2009/287/EC of 25 September 2007 on State aid awarded by Poland as part of Power Purchase Agreements and the State aid which Poland is planning to award concerning compensation for the voluntary termination of Power Purchase Agreements (notified under document number C(2007) 4319) (OJ 2009 L 83, p. 1).

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