# C_2023205EN.01000601.xml

| 12.6.2023 | EN | Official Journal of the European Union | C 205/6 |
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12.6.2023

EN

Official Journal of the European Union

C 205/6

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Judgment of the Court (Fifth Chamber) of 20 April 2023 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — EEW Energy from Waste Großräschen GmbH v MNG Mitteldeutsche Netzgesellschaft Strom GmbH

(Case C-580/21, (1) EEW Energy from Waste)

(Reference for a preliminary ruling - Environment - Directive 2009/28/EC - Promotion of energy from renewable energy sources - Article 16(2)(c) - Access to transmission and distribution grids - Priority access of electricity produced from renewable energy sources - Production from both renewable and conventional energy sources)

(2023/C 205/07)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: EEW Energy from Waste Großräschen GmbH

Defendant: MNG Mitteldeutsche Netzgesellschaft Strom GmbH

Intervener: 50 Hertz Transmission GmbH

Operative part of the judgment

| 1. | Article 16(2)(c) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC
  must be interpreted as meaning that priority access to the electricity grid enjoyed by electricity generating installations using renewable energy sources must be granted not only to installations producing electricity exclusively from renewable energy sources, but also to those producing from both renewable and conventional energy sources. |
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1.

Article 16(2)(c) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC

must be interpreted as meaning that priority access to the electricity grid enjoyed by electricity generating installations using renewable energy sources must be granted not only to installations producing electricity exclusively from renewable energy sources, but also to those producing from both renewable and conventional energy sources.

| 2. | Article 16(2)(c) of Directive 2009/28
  must be interpreted as meaning that an installation which produces electricity from both renewable and conventional energy sources enjoys priority access to the grid solely in respect of the proportion of electricity produced from renewable energy sources. It is for the Member States to establish the detailed rules for applying that priority access, by setting transparent and non-discriminatory criteria which, whilst taking into account requirements relating to the maintenance of reliability and safety of the grid, make it possible to establish an order of priority according to the size of the share of renewable energy sources used by each installation for the production of electricity. |
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2.

Article 16(2)(c) of Directive 2009/28

must be interpreted as meaning that an installation which produces electricity from both renewable and conventional energy sources enjoys priority access to the grid solely in respect of the proportion of electricity produced from renewable energy sources. It is for the Member States to establish the detailed rules for applying that priority access, by setting transparent and non-discriminatory criteria which, whilst taking into account requirements relating to the maintenance of reliability and safety of the grid, make it possible to establish an order of priority according to the size of the share of renewable energy sources used by each installation for the production of electricity.

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(1)  OJ C 502, 13.12.2021.

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