# C_2015320EN.01001502.xml

| 28.9.2015 | EN | Official Journal of the European Union | C 320/15 |
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28.9.2015

EN

Official Journal of the European Union

C 320/15

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Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 3 July 2015 — ENEA S.A. w Poznaniu v Prezes Urzędu Regulacji Energetyki

(Case C-329/15)

(2015/C 320/22)

Language of the case: Polish

Referring court

Referring court

Sąd Najwyższy

Parties to the main proceedings

Parties to the main proceedings

Applicant: ENEA S.A. w Poznaniu

Applicant:

Defendant: Prezes Urzędu Regulacji Energetyki

Defendant:

Questions referred

Questions referred

| 1. | Must Article 107 of the Treaty on the Functioning of the European Union be interpreted as meaning that the obligation to purchase electrical energy produced in combination with the production of heat, as laid down in Article 9a(8) of the Law of 10 April 1997 on energy law, in the version in force in 2006, adopted on the basis of Article 1, point 13, of the Law of 4 March 2005 amending the Law on energy law and the Law on environmental protection law (Dz.U. 2005, No 62, item 552), constitutes State aid? |
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1.

Must Article 107 of the Treaty on the Functioning of the European Union be interpreted as meaning that the obligation to purchase electrical energy produced in combination with the production of heat, as laid down in Article 9a(8) of the Law of 10 April 1997 on energy law, in the version in force in 2006, adopted on the basis of Article 1, point 13, of the Law of 4 March 2005 amending the Law on energy law and the Law on environmental protection law (Dz.U. 2005, No 62, item 552), constitutes State aid?

| 2. | In the event of an affirmative answer to Question 1, must Article 107 of the Treaty on the Functioning of the European Union be interpreted as meaning that an energy undertaking treated as an emanation of a Member State which was obliged to fulfil the obligation classified as State aid may rely on infringement of that provision in proceedings before a national court? |
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2.

In the event of an affirmative answer to Question 1, must Article 107 of the Treaty on the Functioning of the European Union be interpreted as meaning that an energy undertaking treated as an emanation of a Member State which was obliged to fulfil the obligation classified as State aid may rely on infringement of that provision in proceedings before a national court?

| 3. | In the event of an affirmative answer to Questions 1 and 2, must Article 107 of the Treaty on the Functioning of the European Union in conjunction with Article 4(3) of the Treaty on European Union be interpreted as meaning that the conflict of the obligation arising from national law with Article 107 TFEU rules out the possibility of imposing a financial penalty on an undertaking which has failed to fulfil that obligation? |
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3.

In the event of an affirmative answer to Questions 1 and 2, must Article 107 of the Treaty on the Functioning of the European Union in conjunction with Article 4(3) of the Treaty on European Union be interpreted as meaning that the conflict of the obligation arising from national law with Article 107 TFEU rules out the possibility of imposing a financial penalty on an undertaking which has failed to fulfil that obligation?

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