# C_2017382EN.01003101.xml

| 13.11.2017 | EN | Official Journal of the European Union | C 382/31 |
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13.11.2017

EN

Official Journal of the European Union

C 382/31

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Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 2 August 2017 — Repsol Butano, S.A. v Administración del Estado

(Case C-473/17)

(2017/C 382/37)

Language of the case: Spanish

Referring court

Referring court

Tribunal Supremo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Repsol Butano, S.A.

Applicant:

Defendant: Administración del Estado

Defendant:

Questions referred

Questions referred

| 1. | In the light of the case-law laid down in Federutility, (1) is a measure setting a maximum price for cylinders of bottled liquefied gas, in so far as it is a measure for the protection of socially vulnerable users, compatible with that case-law or with the principle of proportionality where, separately or together, any of the following circumstances occur?






  — | the measure is adopted as a general measure in relation to all consumers and for an indefinite period ‘while the conditions of competition on this market are not considered to be sufficient’, |
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1.

In the light of the case-law laid down in Federutility, (1) is a measure setting a maximum price for cylinders of bottled liquefied gas, in so far as it is a measure for the protection of socially vulnerable users, compatible with that case-law or with the principle of proportionality where, separately or together, any of the following circumstances occur?

Federutility

1

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the measure is adopted as a general measure in relation to all consumers and for an indefinite period ‘while the conditions of competition on this market are not considered to be sufficient’,

| — | the measure has already been in force for more than 28 years, |
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the measure has already been in force for more than 28 years,

| — | the measure may contribute to freezing the situation of limited competition by impeding the entry of new operators. |
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the measure may contribute to freezing the situation of limited competition by impeding the entry of new operators.

| 2. | In the light of the case-law laid down in Federutility, is a measure for the compulsory home delivery of bottled liquefied gas, in so far as it is a measure for the protection of socially vulnerable users or residents in areas that are difficult to access, compatible with that case-law or with the principle of proportionality where, separately or together, any of the circumstances listed in the previous question occur? |
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2.

In the light of the case-law laid down in Federutility, is a measure for the compulsory home delivery of bottled liquefied gas, in so far as it is a measure for the protection of socially vulnerable users or residents in areas that are difficult to access, compatible with that case-law or with the principle of proportionality where, separately or together, any of the circumstances listed in the previous question occur?

Federutility

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(1)  Judgment of 20 April 2010, Federutility and Others (C-265/08, EU:C:2010:205).

1

Federutility and Others

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