# C_2022191EN.01000501.xml

| 10.5.2022 | EN | Official Journal of the European Union | C 191/5 |
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10.5.2022

EN

Official Journal of the European Union

C 191/5

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Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 28 June 2021 — Bursa Română de Mărfuri SA v Autoritatea națională de reglementare în domeniul energiei (ANRE)

(Case C-394/21)

(2022/C 191/05)

Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings

Appellant: Bursa Română de Mărfuri SA

Respondent: Autoritatea națională de reglementare în domeniul energiei (ANRE)

Intervening party: Federația Europeană a Comercianților de Energie

Questions referred

| 1. | Having regard to the provisions of Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU, (1) does Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity, (2) in particular Article 1(b) and Article 3 thereof, prohibit, from the time of its entry into force, a Member State from continuing to grant one single licence to organise and operate the centralised electricity markets? Is there an obligation on the Romanian State, as of 1 January 2020, to bring to an end an existing monopoly on operation of the electricity market? |
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1.

Having regard to the provisions of Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU, (1) does Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity, (2) in particular Article 1(b) and Article 3 thereof, prohibit, from the time of its entry into force, a Member State from continuing to grant one single licence to organise and operate the centralised electricity markets? Is there an obligation on the Romanian State, as of 1 January 2020, to bring to an end an existing monopoly on operation of the electricity market?

| 2. | Does the scope ratione personae of the principles of free competition laid down in Regulation (EU) 2019/943, in particular in Article 1(b) and (c) and in Article 3 respectively, include the operator of an electricity market such as a commodities exchange? Is it relevant to this answer that, for the definition of the electricity market, point (40) of Article 2 of Regulation (EU) 2019/943 refers to the definition of electricity markets set out in point (9) of Article 2 of Directive (EU) 2019/944? |
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2.

Does the scope ratione personae of the principles of free competition laid down in Regulation (EU) 2019/943, in particular in Article 1(b) and (c) and in Article 3 respectively, include the operator of an electricity market such as a commodities exchange? Is it relevant to this answer that, for the definition of the electricity market, point (40) of Article 2 of Regulation (EU) 2019/943 refers to the definition of electricity markets set out in point (9) of Article 2 of Directive (EU) 2019/944?

| 3. | Must the grant by a Member State of one single licence to operate the electricity market be regarded as constituting a restriction of competition within the meaning of Articles 101 and 102 TFEU, in conjunction with Article 4(3) TEU and Article 106(1) TFEU? |
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3.

Must the grant by a Member State of one single licence to operate the electricity market be regarded as constituting a restriction of competition within the meaning of Articles 101 and 102 TFEU, in conjunction with Article 4(3) TEU and Article 106(1) TFEU?

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(1)  OJ 2019 L 158, p. 125.

(2)  OJ 2019 L 158, p. 54.

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