# C_2019432EN.01002301.xml

| 23.12.2019 | EN | Official Journal of the European Union | C 432/23 |
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23.12.2019

EN

Official Journal of the European Union

C 432/23

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Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 September 2019 — Axpo Trading Ag v Gestore dei Servizi Energetici SpA — GSE

(Case C-705/19)

(2019/C 432/29)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Axpo Trading Ag

Respondent: Gestore dei Servizi Energetici SpA — GSE

Question referred

Do the following provisions:

| — | Article 18 TFEU, in so far as it prohibits any discrimination on grounds of nationality within the scope of application of the Treaties; |
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Article 18 TFEU, in so far as it prohibits any discrimination on grounds of nationality within the scope of application of the Treaties;

| — | Articles 28 and 30 TFEU and Article 6 of the EEC-Switzerland Free Trade Agreement, in so far as they provide for the abolition of customs duties on imports and measures having equivalent effect; |
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Articles 28 and 30 TFEU and Article 6 of the EEC-Switzerland Free Trade Agreement, in so far as they provide for the abolition of customs duties on imports and measures having equivalent effect;

| — | Article 110 TFEU, in so far as it prohibits taxation on imports in excess of those imposed directly or indirectly on similar domestic products; |
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Article 110 TFEU, in so far as it prohibits taxation on imports in excess of those imposed directly or indirectly on similar domestic products;

| — | Article 34 TFEU and Article 13 of the EEC-Switzerland Free Trade Agreement, in so far as they prohibit the adoption of measures having equivalent effect to quantitative restrictions on imports; |
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Article 34 TFEU and Article 13 of the EEC-Switzerland Free Trade Agreement, in so far as they prohibit the adoption of measures having equivalent effect to quantitative restrictions on imports;

| — | Articles 107 and 108 TFEU, in so far as they prohibit the implementation of a State aid measure not notified to the Commission and incompatible with the internal market; and |
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Articles 107 and 108 TFEU, in so far as they prohibit the implementation of a State aid measure not notified to the Commission and incompatible with the internal market; and

| — | Directive 2009/28/EC, (1) in so far as it seeks to promote intra-Community trade in green electricity, thus promoting, moreover, the production capacity of individual Member States, |
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Directive 2009/28/EC, (1) in so far as it seeks to promote intra-Community trade in green electricity, thus promoting, moreover, the production capacity of individual Member States,

preclude national legislation which imposes on importers of green electricity a financial burden that does not apply to domestic producers of the same product?

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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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