CELEX: 62019CN0705
Language: en
Date: 2019-09-23 00:00:00
Title: Case C-705/19: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 September 2019 — Axpo Trading Ag v Gestore dei Servizi Energetici SpA — GSE

23.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 432/23
            
         
      Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 September 2019 — Axpo Trading Ag v Gestore dei Servizi Energetici SpA — GSE
      (Case C-705/19)
      (2019/C 432/29)
      Language of the case: Italian
      
         Referring court
      
      Consiglio di Stato
      
         Parties to the main proceedings
      
      
         Appellant: Axpo Trading Ag
      
         Respondent: Gestore dei Servizi Energetici SpA — GSE
      
         Question referred
      
      Do the following provisions:
      
                  —
               
               
                  Article 18 TFEU, in so far as it prohibits any discrimination on grounds of nationality within the scope of application of the Treaties;
               
            
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                  Articles 28 and 30 TFEU and Article 6 of the EEC-Switzerland Free Trade Agreement, in so far as they provide for the abolition of customs duties on imports and measures having equivalent effect;
               
            
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                  Article 110 TFEU, in so far as it prohibits taxation on imports in excess of those imposed directly or indirectly on similar domestic products;
               
            
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                  Article 34 TFEU and Article 13 of the EEC-Switzerland Free Trade Agreement, in so far as they prohibit the adoption of measures having equivalent effect to quantitative restrictions on imports;
               
            
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                  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
               
            
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                  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,
               
            preclude national legislation which imposes on importers of green electricity a financial burden that does not apply to domestic producers of the same product?
      
         (1)  Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p. 16).