# C_2017283EN.01001501.xml

| 28.8.2017 | EN | Official Journal of the European Union | C 283/15 |
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28.8.2017

EN

Official Journal of the European Union

C 283/15

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Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 8 May 2017 — Legatoria Editoriale Giovanni Olivotto (LEGO) SpA v Gestore dei servizi energetici (GSE) SpA and Others

(Case C-242/17)

(2017/C 283/21)

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Appellant: Legatoria Editoriale Giovanni Olivotto (LEGO) SpA

Appellant:

Respondents: Gestore dei servizi energetici (GSE) SpA, Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Ministero dello Sviluppo Economico, Ministero delle Politiche Agricole e Forestali

Respondents:

Questions referred

Questions referred

| 1. | Does EU law, and more specifically Article 18(7) of Directive 2009/28/EC, (1) in conjunction with Commission Decision 2011/438/EU of 19 July 2011, (2) preclude national provisions, such as the Ministerial Decree of 23 January 2012, and in particular Articles 8 and 12 thereof, which impose specific requirements that are both different from and more extensive than the requirements which are satisfied by signing up to a voluntary scheme which is the subject of a decision of the European Commission adopted in accordance with Article 18(4) of Directive 2009/28/EC? |
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1.

Does EU law, and more specifically Article 18(7) of Directive 2009/28/EC, (1) in conjunction with Commission Decision 2011/438/EU of 19 July 2011, (2) preclude national provisions, such as the Ministerial Decree of 23 January 2012, and in particular Articles 8 and 12 thereof, which impose specific requirements that are both different from and more extensive than the requirements which are satisfied by signing up to a voluntary scheme which is the subject of a decision of the European Commission adopted in accordance with Article 18(4) of Directive 2009/28/EC?

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| 2. | If the answer to Question (a) is in the negative, must economic operators which are involved in the product supply chain, even though their role is merely that of a trader or intermediary and they do not possess physical availability of the product in question, be held to be subject to the provisions of EU law cited in Question (a)? |
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2.

If the answer to Question (a) is in the negative, must economic operators which are involved in the product supply chain, even though their role is merely that of a trader or intermediary and they do not possess physical availability of the product in question, be held to be subject to the provisions of EU law cited in Question (a)?

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(1)  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 (OJ 2009 L 140, p. 16).

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(2)  Commission Implementing Decision of 19 July 2011 on the recognition of the ‘International Sustainability and Carbon Certification’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council (OJ 2011 L 190, p. 79).

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