# C_2019182EN.01000901.xml

| 27.5.2019 | EN | Official Journal of the European Union | C 182/9 |
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27.5.2019

EN

Official Journal of the European Union

C 182/9

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Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 5 February 2019 — Burgo Group SpA v Gestore dei Servizi Energetici — GSE

(Case C-92/19)

(2019/C 182/11)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Burgo Group SpA

Respondent: Gestore dei Servizi Energetici — GSE

Questions referred

| 1. | Does Directive 2004/8/EC (1) (in particular Article 12 thereof) preclude an interpretation of Articles 3 and 6 of Legislative Decree No 20/2007 as allowing the benefits referred to in Legislative Decree No 79/1999 (in particular in Article 11 thereof and in Decision No 42/02 of 19 March 2002 of the Autorità dell’energia elettrica e del gas (Electricity and Gas Authority) which constitutes implementation of the preceding provision) to be granted also to non-high-efficiency cogeneration installations even beyond 31 December 2010? |
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1.

Does Directive 2004/8/EC (1) (in particular Article 12 thereof) preclude an interpretation of Articles 3 and 6 of Legislative Decree No 20/2007 as allowing the benefits referred to in Legislative Decree No 79/1999 (in particular in Article 11 thereof and in Decision No 42/02 of 19 March 2002 of the Autorità dell’energia elettrica e del gas (Electricity and Gas Authority) which constitutes implementation of the preceding provision) to be granted also to non-high-efficiency cogeneration installations even beyond 31 December 2010?

| 2. | Does Article 107 TFEU preclude an interpretation of Articles 3 and 6 of Legislative Decree No 20/2007, in the sense set out under [1] above, in so far as those provisions, as thus interpreted, might constitute ‘State aid’ and therefore be incompatible with the principle of free competition? |
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2.

Does Article 107 TFEU preclude an interpretation of Articles 3 and 6 of Legislative Decree No 20/2007, in the sense set out under [1] above, in so far as those provisions, as thus interpreted, might constitute ‘State aid’ and therefore be incompatible with the principle of free competition?

| 3. | In line with what is set out under [1] and [2] above, and having regard to what is expressly put forward by the appellant, does a provision of national law which allows support schemes to continue to be granted to non-high-efficiency cogeneration until 31 December 2015 comply with the EU-law principles of equal treatment and non-discrimination, since that could be the interpretation of domestic Italian law as a result of Article 25(11)(c)(1) of Legislative Decree No 28 of 3 March 2011, which repeals the abovementioned provisions of Article 11 of Legislative Decree No 79/1999 with effect from 1 January 2016, or rather now by 19 July 2014 (as a result of Article 10(15) of Legislative Decree No 102 of 4 July 2014)? |
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3.

In line with what is set out under [1] and [2] above, and having regard to what is expressly put forward by the appellant, does a provision of national law which allows support schemes to continue to be granted to non-high-efficiency cogeneration until 31 December 2015 comply with the EU-law principles of equal treatment and non-discrimination, since that could be the interpretation of domestic Italian law as a result of Article 25(11)(c)(1) of Legislative Decree No 28 of 3 March 2011, which repeals the abovementioned provisions of Article 11 of Legislative Decree No 79/1999 with effect from 1 January 2016, or rather now by 19 July 2014 (as a result of Article 10(15) of Legislative Decree No 102 of 4 July 2014)?

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(1)  Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC (OJ 2004 L 52, p. 50).

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