# C_2021502EN.01000402.xml

| 13.12.2021 | EN | Official Journal of the European Union | C 502/4 |
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13.12.2021

EN

Official Journal of the European Union

C 502/4

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Judgment of the Court (Fifth Chamber) of 14 October 2021 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Viesgo Infraestructuras Energéticas SL v Administración General del Estado and Others

(Case C-683/19) (1)

(Reference for a preliminary ruling - Common rules for the internal market in electricity - Directive 2009/72/EC - Article 3(2) and (6) - Imposition of public service obligations - Financing of a regulated discount for the purpose of the protection of vulnerable consumers - Requirements of transparency and non-discrimination)

(2021/C 502/06)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Viesgo Infraestructuras Energéticas SL

Defendants: Administración General del Estado, Iberdrola SA, Naturgy Energy Group SA, formerly Gas Natural SDG SA, EDP España SAU, formerly Hidroeléctrica del Cantábrico SA, CIDE Asociación de Distribuidores de Energía Eléctrica, Endesa SA, Agri-Energía SA, Navarro Generación SA, Electra del Cardener SA, Serviliano García SA, Energías de Benasque SL, Candín Energía SL, Cooperativa Eléctrica Benéfica Catralense, Cooperativa Valenciana, Eléctrica Vaquer SA, Hijos de José Bassols SA, Electra Aduriz SA, El Gas SA, Estabanell y Pahisa SA, Electra Caldense SA, Cooperativa Popular de Fluid Electric Camprodón SCCL, Fuciños Rivas SL, Electra del Maestrazgo SA

Operative part of the judgment

| 1. | Article 3(2) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC must be interpreted as precluding the cost of a public service obligation consisting in supplying electricity at a reduced rate to certain vulnerable consumers from being borne solely by the parent companies of groups of companies or, where applicable, companies that simultaneously carry on electricity production, distribution and retail activities, since that criterion, chosen by the national legislature in order to distinguish among companies which must bear that cost and those which are exempted entirely from that burden, results in a difference in treatment which is not objectively justified between the various companies operating on that market; |
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1.

Article 3(2) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC must be interpreted as precluding the cost of a public service obligation consisting in supplying electricity at a reduced rate to certain vulnerable consumers from being borne solely by the parent companies of groups of companies or, where applicable, companies that simultaneously carry on electricity production, distribution and retail activities, since that criterion, chosen by the national legislature in order to distinguish among companies which must bear that cost and those which are exempted entirely from that burden, results in a difference in treatment which is not objectively justified between the various companies operating on that market;

| 2. | Article 3(2) of Directive 2009/72 must be interpreted as not precluding the system for financing a public service obligation consisting in the supply of electricity at a reduced rate to certain vulnerable consumers from being established without any temporal limit and without any compensatory measure. |
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2.

Article 3(2) of Directive 2009/72 must be interpreted as not precluding the system for financing a public service obligation consisting in the supply of electricity at a reduced rate to certain vulnerable consumers from being established without any temporal limit and without any compensatory measure.

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(1)  OJ C 423, 16.12.2019.

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