Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 10 July 2023 — Secab Soc. coop. v Autorità di Regolazione per Energia Reti e Ambiente (ARERA), Gestore dei servizi energetici (GSE) SpA

(Case C-423/23, Secab)

(2023/C 321/37)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings

Applicant: Secab Soc. coop.

Defendants: Autorità di Regolazione per Energia Reti e Ambiente (ARERA), Gestore dei servizi energetici (GSE) SpA

Questions referred

Do Article 5(4) of Directive (EU) 2019/944, (1) recitals 3 and 12 of Directive (EU) 2018/2001, (2) and recitals 27, 28, 29 and 39, Article 6(1) and Article 8(2) of Regulation (EU) 2022/1854 (3) preclude a national rule which sets a cap on market revenue obtained from the sale of electricity in the manner provided for in Article 15 bis of Decree-Law No 4 of 27 January 2022, which does not guarantee that producers may retain 10 % of their revenues above that cap?

Do Article 5(4) of Directive (EU) 2019/944, recitals 2, 3 and 12 of Directive (EU) 2018/2001, recitals 27, 28, 29 and 39, Article 6(1) and Article 8(2)(b) and (c) of Regulation (EU) 2022/1854 preclude a national rule which sets a cap on market revenues obtained from the sale of electricity in the manner provided for in Article 15 bis of Decree-Law No 4 of 27 January 2022, which does not preserve and incentivise investments in the renewable energy sector?

Do recital 3 of Directive (EU) 2018/2001, and recitals 27 and 41, Article 7(1)(h), (i) and (j) and Article 8(1)(a) and (d) and (2) of Regulation (EU) 2022/1854 preclude a national rule which sets a cap on market revenues obtained from the sale of electricity in the manner provided for in Article 15 bis of Decree-Law No 4 of 27 January 2022, which does not provide for any specific cap on the revenues obtained from the sale of energy produced from hard coal, or a regulation differentiating between different sources of production?

(1) Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (recast) (OJ 2019 L 158, p. 125).

(2) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) (OJ 2018 L 328, p. 82).

(3) Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices (OJ 2022 L 261, p. 1).