# C_2023127EN.01002102.xml

| 11.4.2023 | EN | Official Journal of the European Union | C 127/21 |
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11.4.2023

EN

Official Journal of the European Union

C 127/21

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Request for a preliminary ruling from the Markkinaoikeus (Finland) lodged on 1 February 2023 — Alajärven Sähkö Oy and Others, Elenia Verkko Oyj v Energiavirasto

(Case C-48/23, Alajärven Sähkö and Others)

(2023/C 127/26)

Language of the case: Finnish

Referring court

Markkinaoikeus

Parties to the main proceedings

Applicants: Alajärven Sähkö Oy and Others, Elenia Verkko Oyj

Defendant: Energiavirasto

Questions referred

| 1. | What factors must be taken into account and considered in assessing what constitutes interference with the core regulatory duties and powers of the national regulatory authority in a way that undermines the independence of the national regulatory authority in accordance with Article 57(4) and (5) of the Electricity Directive, (1) and what constitutes general guidelines not related to the regulatory duties and powers within the meaning of Article 59 of the Electricity Directive? |
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1.

What factors must be taken into account and considered in assessing what constitutes interference with the core regulatory duties and powers of the national regulatory authority in a way that undermines the independence of the national regulatory authority in accordance with Article 57(4) and (5) of the Electricity Directive, (1) and what constitutes general guidelines not related to the regulatory duties and powers within the meaning of Article 59 of the Electricity Directive?

| 2. | Is an amendment to national legislation in the manner described above (paragraphs 13, 14, 16 and 17 and, in particular, paragraphs 36 to 41 of this request for a preliminary ruling), the purpose of which was to influence electricity distribution prices in the manner set out in the travaux préparatoires relating to the legislative amendment by making amendments to the national Law on the electricity market which affect the regulatory environment of system operators and which did not, in themselves, directly interfere with transmission or distribution tariffs or with the methods for calculating them, but as a consequence of which the national regulatory authority was forced to change its monitoring methods in the middle of the monitoring period, considered to be compatible with Article 57(4) and (5) of the Electricity Directive with regard to the requirement of independence of the regulatory authority? |
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2.

Is an amendment to national legislation in the manner described above (paragraphs 13, 14, 16 and 17 and, in particular, paragraphs 36 to 41 of this request for a preliminary ruling), the purpose of which was to influence electricity distribution prices in the manner set out in the travaux préparatoires relating to the legislative amendment by making amendments to the national Law on the electricity market which affect the regulatory environment of system operators and which did not, in themselves, directly interfere with transmission or distribution tariffs or with the methods for calculating them, but as a consequence of which the national regulatory authority was forced to change its monitoring methods in the middle of the monitoring period, considered to be compatible with Article 57(4) and (5) of the Electricity Directive with regard to the requirement of independence of the regulatory authority?

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(1)  Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ 2019 L 158, p. 125).

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