CELEX: 62016CN0150
Language: en
Date: 2016-03-14 00:00:00
Title: Case C-150/16: Request for a preliminary ruling from the Curtea de Apel Craiova (Romania) lodged on 14 March 2016 — Fondul Proprietatea SA v Complexul Energetic Oltenia SA

6.6.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 200/8
            
         Request for a preliminary ruling from the Curtea de Apel Craiova (Romania) lodged on 14 March 2016 — Fondul Proprietatea SA v Complexul Energetic Oltenia SA
   (Case C-150/16)
   (2016/C 200/13)
   Language of the case: Romanian
   
      Referring court
   
   Curtea de Apel Craiova
   
      Parties to the main proceedings
   
   
      Applicant at first instance and appellant: Fondul Proprietatea SA
   
      Defendant at first instance and respondent: Complexul Energetic Oltenia SA
   
      Questions referred
   
   
            
               1.
            
            
               Does the decision of the general shareholders’ meeting of COMPLEXUL ENERGETIC OLTENIA SA — adopted with the vote of the Romanian state, represented by the Ministerul Economiei — Departamentul pentru energie, which, as a shareholder, owns 77,17 % of that company’s share capital — by which it was agreed to extinguish SC ELECTROCENTRALE GRUP SA’s debt, totalling RON 28 709 475,13, to COMPLEXUL ENERGETIC OLTENIA SA, by way of transfer of an asset in lieu of payment, consisting of property registered under No 70301 in the land register for the municipality of Chișcani, Brăila district, and by which it was agreed at the same that ELECTROCENTRALE SC GRUP SA would be paid the difference between the market value of the asset and the sum owed to COMPLEXUL ENERGETIC OLTENIA SA, constitute State aid within the meaning of Article 107 of the Treaty on the Functioning of the European Union, that is to say: (i) does it constitute a measure financed by the State or through State resources, (ii) is it selective in nature, and (iii) may it affect trade between the Member States?
            
         
            
               2.
            
            
               If the answer to Question 1 is in the affirmative, was such State aid subject to the notification obligation laid down in Article 108(3) of the Treaty on the Functioning of the European Union?