1.

Should national legislation in which the national legislator has automatically excluded small-scale producers of electricity operating in accordance with a simplified procedure under Article 8(3) of Directive (EU) 2019/944 (1) 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) from entitlement to rights granted under national law corresponding to easements which facilitate business operations in the energy sector, [while] allowing all remaining producers of electricity entitlement to those rights, be deemed to fall within the scope of EU law in the light of Article 194(1)(a) of the Treaty on the Functioning of the European Union and Article 8(1) and (3) and Article 9(1) of that Directive?

2.

In the event that the first question is answered in the affirmative: should Article 8(1) and (3) in conjunction with Article 9(1) of Directive (EU) 2019/944 of the European Parliament and of the Council be construed as being incompatible with national legislation in which the national legislator has automatically excluded small-scale producers of electricity operating in accordance with a simplified procedure under Article 8(3) of that Directive from entitlement to rights granted under national law corresponding to easements which facilitate business operations in the energy sector, [while] allowing all remaining producers of electricity entitlement to those rights?