Opinion of the Advocate General — ECLI:EU:C:2018:983
Date: 2018-12-05
Language of the case: Spanish
Subject matter: Energy;Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Spain

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) Language of the case: Spanish Referring court Tribunal Supremo Parties to the main proceedings Applicant: Repsol Butano, S.A. Defendant: Administración del Estado Questions referred 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’, – 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. 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? ____________ 1 Judgment of 20 April 2010, Federutility and Others (C‑265/08, EU:C:2010:205).