21.11.2022
EN
Official Journal of the European Union
C 441/9
Third, the General Court erred in law and/or made a manifest error of assessment or appraisal in concluding that the exemptions, if they did confer a selective advantage (quod non), could not be justified on the basis of administrative practicability.
Fourth, the General Court erred in law in its failure properly to consider and apply the ruling of the judgment of 12 September 2006, Cadbury Schweppes and Cadbury Schweppes Overseas, C-196/04, EU:C:2006:544, whether when considering the issue of reference framework, selective advantage or considering the question of whether or not the exemptions (or any of them) might be justified in order to protect the freedom of establishment under Article 49 TFEU.
Further or alternatively, the General Court failed to give adequate reasons for its conclusions on this issue.
(1)
OJ 2019 L 216, p. 1.
Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 19 August 2022 — Autorità di Regolazione per Energia Reti e Ambiente (ARERA) v Fallimento Esperia SpA, Gestore dei Servizi Energetici SpA — GSE (Case C-558/22) (2022/C 441/13) Language of the case: Italian Referring court Consiglio di Stato
Parties to the main proceedings Appellant: Autorità di Regolazione per Energia Reti e Ambiente (ARERA) Respondents: Fallimento Esperia SpA, Gestore dei Servizi Energetici SpA — GSE
Questions referred Do the following provisions: — Article 18 TFEU, in so far as it prohibits any discrimination on grounds of nationality within the scope of the Treaties; — Articles 28 and 30 TFEU, 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; — Article 34 TFEU, in so far as it prohibits 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 — 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,