# C_2016251EN.01001001.xml

| 11.7.2016 | EN | Official Journal of the European Union | C 251/10 |
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11.7.2016

EN

Official Journal of the European Union

C 251/10

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 22 April 2016 — Eni SpA, Eni Gas & Power France SA, Union professionnelle des industries privées du gaz (Uprigaz) v Premier ministre, Ministre de l’environnement, de l’énergie et de la mer

(Case C-226/16)

(2016/C 251/13)

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Applicants: Eni SpA, Eni Gas & Power France SA, Union professionnelle des industries privées du gaz (Uprigaz)

Applicants:

Defendants: Premier ministre, Ministre de l’environnement, de l’énergie et de la mer

Defendants:

Questions referred

Questions referred

| 1. | Must Article 8(2) of Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 (1) be interpreted as constituting an obstacle to the imposition by a Member State on natural gas suppliers of additional obligations resulting from the inclusion among ‘protected customers’, whose consumption contributes to defining the limits of the storage obligations designed to ensure continuity of supply, of customers who are not mentioned in Article 2(1) of that regulation? |
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1.

Must Article 8(2) of Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 (1) be interpreted as constituting an obstacle to the imposition by a Member State on natural gas suppliers of additional obligations resulting from the inclusion among ‘protected customers’, whose consumption contributes to defining the limits of the storage obligations designed to ensure continuity of supply, of customers who are not mentioned in Article 2(1) of that regulation?

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| 2. | Must Article 8(5) of Regulation (EU) No 994/2010 be interpreted as constituting an obstacle to the imposition by a Member State on natural gas suppliers of obligations relating to the volumes of gas stored and the withdrawal rates attached thereto, and to the holding of storage capacities acquired by virtue of rights reflecting the obligation to hold stocks on the territory of that Member State, whilst at the same time providing that the Minister, in assessing a supplier’s storage capacities, is to take account of the other regulatory instruments available to that supplier? |
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2.

Must Article 8(5) of Regulation (EU) No 994/2010 be interpreted as constituting an obstacle to the imposition by a Member State on natural gas suppliers of obligations relating to the volumes of gas stored and the withdrawal rates attached thereto, and to the holding of storage capacities acquired by virtue of rights reflecting the obligation to hold stocks on the territory of that Member State, whilst at the same time providing that the Minister, in assessing a supplier’s storage capacities, is to take account of the other regulatory instruments available to that supplier?

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(1)  Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC (OJ 2010 L 295, p. 1).

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