CELEX: 62018CA0180
Language: en
Date: 2019-07-11 00:00:00
Title: Joined Cases C-180/18, C-286/18 and C-287/18: Judgment of the Court (Tenth Chamber) of 11 July 2019 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Agrenergy Srl (C-180/18 and C-286/18), Fusignano Due Srl (C-287/18) v Ministero dello Sviluppo Economico (Reference for a preliminary ruling — Environment — Directive 2009/28/EC — Article 3(3)(a) — Promotion of the use of energy from renewable sources — Production of electricity by solar photovoltaic plants — Alteration of a support scheme — Principles of legal certainty and the protection of legitimate expectations)

9.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/16
            
         
      Judgment of the Court (Tenth Chamber) of 11 July 2019 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Agrenergy Srl (C-180/18 and C-286/18), Fusignano Due Srl (C-287/18) v Ministero dello Sviluppo Economico
      (Joined Cases C-180/18, C-286/18 and C-287/18) (1)
      
      (Reference for a preliminary ruling - Environment - Directive 2009/28/EC - Article 3(3)(a) - Promotion of the use of energy from renewable sources - Production of electricity by solar photovoltaic plants - Alteration of a support scheme - Principles of legal certainty and the protection of legitimate expectations)
      (2019/C 305/20)
      Language of the case: Italian
      
         Referring court
      
      Consiglio di Stato
      
         Parties to the main proceedings
      
      
         Appellants: Agrenergy Srl (C-180/18 and C-286/18), Fusignano Due Srl (C-287/18)
      
         Respondent: Ministero dello Sviluppo Economico
      
         Operative part of the judgment
      
      Subject to verifications to be carried out by the referring court taking into account all the relevant factors, Article 3(3)(a) of 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, read in the light of the principles of legal certainty and the protection of legitimate expectations, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows a Member State to provide for the reduction, or even the removal, of incentive rates for energy produced by solar photovoltaic plants which were introduced previously.
      
         (1)  OJ C 182, 28.5.2018.
      
         OJ C 249, 16.7.2018.