# C_2017022EN.01001202.xml

| 23.1.2017 | EN | Official Journal of the European Union | C 22/12 |
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23.1.2017

EN

Official Journal of the European Union

C 22/12

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Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 7 November 2016 — Saras Energía SA v Administración del Estado

(Case C-561/16)

(2017/C 022/18)

Language of the case: Spanish

Referring court

Referring court

Tribunal Supremo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Saras Energía SA

Applicant:

Defendant: Administración del Estado

Defendant:

Questions referred

Questions referred

| (1) | Is legislation of a Member State establishing a national energy efficiency obligation scheme whose main method of compliance consists in an annual financial contribution to an Energy Efficiency National Fund established under the provisions of Article 20(4) of Directive 2012/27/EU (1) compatible with Article 7(1) and (9) of that directive? |
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(1)

Is legislation of a Member State establishing a national energy efficiency obligation scheme whose main method of compliance consists in an annual financial contribution to an Energy Efficiency National Fund established under the provisions of Article 20(4) of Directive 2012/27/EU (1) compatible with Article 7(1) and (9) of that directive?

1

| (2) | Is national legislation which provides for the possibility of fulfilling the energy savings obligations through the accreditation of savings as an alternative to the financial contribution to the Energy Efficiency National Fund compatible with Articles 7(1) and 20(6) of Directive 2012/27/EU? |
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(2)

Is national legislation which provides for the possibility of fulfilling the energy savings obligations through the accreditation of savings as an alternative to the financial contribution to the Energy Efficiency National Fund compatible with Articles 7(1) and 20(6) of Directive 2012/27/EU?

| (3) | If the above question is answered in the affirmative, is the provision of that alternative possibility for the fulfilment of the energy savings obligations compatible with the abovementioned Articles 7(1) and 20(6) of the directive when its actual existence depends on whether the Government establishes it on a discretionary basis through legislation?
  In that respect, is such legislation compatible when the Government does not implement that alternative? |
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(3)

If the above question is answered in the affirmative, is the provision of that alternative possibility for the fulfilment of the energy savings obligations compatible with the abovementioned Articles 7(1) and 20(6) of the directive when its actual existence depends on whether the Government establishes it on a discretionary basis through legislation?

In that respect, is such legislation compatible when the Government does not implement that alternative?

| (4) | Is a national scheme which considers only retail energy sales companies and not distributors to be parties subject to energy savings obligations compatible with Article 7(1) and (4) of the directive? |
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(4)

Is a national scheme which considers only retail energy sales companies and not distributors to be parties subject to energy savings obligations compatible with Article 7(1) and (4) of the directive?

| (5) | If the answer to the above question is in the affirmative, is the definition of retail companies as ‘obligated parties’, without the reasons being determined for energy distributors not being so defined, compatible with the abovementioned provisions of Article 7? |
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(5)

If the answer to the above question is in the affirmative, is the definition of retail companies as ‘obligated parties’, without the reasons being determined for energy distributors not being so defined, compatible with the abovementioned provisions of Article 7?

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(1)  Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC.

1

OJ 2012 L 315, p. 1.

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