# C_2017318EN.01000401.xml

| 25.9.2017 | EN | Official Journal of the European Union | C 318/4 |
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25.9.2017

EN

Official Journal of the European Union

C 318/4

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Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen (Germany) lodged on 29 May 2017 — Stadtwerke Delmenhorst GmbH v Manfred Bleckwehl

(Case C-309/17)

(2017/C 318/05)

Language of the case: German

Referring court

Referring court

Hanseatisches Oberlandesgericht in Bremen

Parties to the main proceedings

Parties to the main proceedings

Applicant: Stadtwerke Delmenhorst GmbH

Applicant:

Defendant: Manfred Bleckwehl

Defendant:

Questions referred

Questions referred

| 1. | Is Article 3(3) of Directive 2003/55/EC (1) of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, in conjunction with points (b) and (c) of Annex A thereto, to be interpreted as meaning that failure to give gas customers timely and direct notice of the preconditions and reasons for and the extent of an imminent change in the tariff for gas supplies precludes the effectiveness of such a change in tariff? |
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1.

Is Article 3(3) of Directive 2003/55/EC (1) of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, in conjunction with points (b) and (c) of Annex A thereto, to be interpreted as meaning that failure to give gas customers timely and direct notice of the preconditions and reasons for and the extent of an imminent change in the tariff for gas supplies precludes the effectiveness of such a change in tariff?

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| 2. | If that question is answered in the affirmative:
  Has Article 3(3) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, in conjunction with points (b) and (c) of Annex A thereto, been directly applicable since 1 July 2004 to a supply undertaking incorporated under private law (as a German GmbH), because the abovementioned provisions of that directive are unconditional, so far as their subject matter is concerned, and can therefore be applied without any further implementing act, and confer rights on citizens vis-à-vis an organisation which, despite its private-law legal form, is subject to the authority of the State because the State is the sole shareholder in the undertaking? |
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2.

If that question is answered in the affirmative:

Has Article 3(3) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, in conjunction with points (b) and (c) of Annex A thereto, been directly applicable since 1 July 2004 to a supply undertaking incorporated under private law (as a German GmbH), because the abovementioned provisions of that directive are unconditional, so far as their subject matter is concerned, and can therefore be applied without any further implementing act, and confer rights on citizens vis-à-vis an organisation which, despite its private-law legal form, is subject to the authority of the State because the State is the sole shareholder in the undertaking?

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(1)  OJ 2003 L 176, p. 57.

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