EN Official Journal of the European Union C 26/4

Judgment of the Court (Fourth Chamber) of 26 November 2014 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Green Network SpA v Autorità per l’energia elettrica e il gas

(Case C-66/13) (1)

((Reference for a preliminary ruling - National support scheme for the consumption of electricity produced from renewable energy sources - Obligation of electricity producers and importers to feed into the national grid a certain quantity of electricity produced from renewable energy sources or, failing that, to purchase ‘green certificates’ from the competent authority - Evidence of such feeding into the grid requiring certificates to be submitted demonstrating the green origin of electricity produced or imported - Acceptance of certificates issued in a third State subject to the conclusion of a bilateral agreement between that third State and the Member State concerned or an agreement between the national grid manager and an equivalent authority of that third State - Directive 2001/77/EC - External competence of the Community - Cooperation in good faith))

(2015/C 026/04)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Green Network SpA

Defendant: Autorità per l’energia elettrica e il gas

Intervener: Gestore dei Servizi Energetici SpA — GSE

Operative part of the judgment

1. On a proper construction of the EC Treaty, having regard to the provisions of Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market, the European Community enjoys exclusive external competence precluding a provision of national law, such as that at issue in the main proceedings, which provides for the grant of exemption from the obligation to purchase green certificates owing to the introduction, onto the national consumer market, of electricity imported from a third State, by means of the prior conclusion, between the Member State and third State concerned, of an agreement under which the electricity thus imported is guaranteed as having been produced from renewable energy sources, according to arrangements identical to those set out in Article 5 of that directive;

2. When a provision such as that referred to in paragraph 1 of the operative part of this judgment has been disapplied by a national court because it is incompatible with EU law, it is contrary to EU law for that court to apply, by way of substitution, an earlier provision of national law in substance similar to that disapplied, which provides for the grant of exemption from the obligation to purchase green certificates owing to the introduction, onto the national consumer market, of electricity imported from a third State, by means of the prior conclusion, between the national grid manager and an equivalent local authority of that third State, of an agreement determining the verification arrangements necessary for the purpose of certifying that the electricity thus imported is electricity produced from renewable energy sources.

(1) OJ C 147, 25.5.2013.