This document is an excerpt from the EUR-Lex website
Document 62023CA0514
Case C-514/23, Tiberis Holding: Judgment of the Court (Fourth Chamber) of 1 August 2025 (request for a preliminary ruling from the Consiglio di Stato – Italy) – Tiberis Holding Srl v Gestore dei servizi energetici (GSE) SpA, Ministero dello Sviluppo economico, Ministero dell’Ambiente e della Sicurezza energetica (Reference for a preliminary ruling – Environment – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Article 3 – Directive (EU) 2018/2001 – Article 4 – National incentives for the production of energy from renewable sources – Aid scheme – State aid – Article 108 TFEU – Exclusive competence of the European Commission to rule on the compatibility of aid measures with the internal market – Commission decision finding such an aid scheme compatible with the internal market – Action brought before a national court by a beneficiary of aid under that scheme challenging a modality of that scheme which is inextricably linked to its functioning – Inadmissibility, in the context of that action, of a request for a preliminary ruling concerning the interpretation of those provisions of those directives)
Case C-514/23, Tiberis Holding: Judgment of the Court (Fourth Chamber) of 1 August 2025 (request for a preliminary ruling from the Consiglio di Stato – Italy) – Tiberis Holding Srl v Gestore dei servizi energetici (GSE) SpA, Ministero dello Sviluppo economico, Ministero dell’Ambiente e della Sicurezza energetica (Reference for a preliminary ruling – Environment – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Article 3 – Directive (EU) 2018/2001 – Article 4 – National incentives for the production of energy from renewable sources – Aid scheme – State aid – Article 108 TFEU – Exclusive competence of the European Commission to rule on the compatibility of aid measures with the internal market – Commission decision finding such an aid scheme compatible with the internal market – Action brought before a national court by a beneficiary of aid under that scheme challenging a modality of that scheme which is inextricably linked to its functioning – Inadmissibility, in the context of that action, of a request for a preliminary ruling concerning the interpretation of those provisions of those directives)
Case C-514/23, Tiberis Holding: Judgment of the Court (Fourth Chamber) of 1 August 2025 (request for a preliminary ruling from the Consiglio di Stato – Italy) – Tiberis Holding Srl v Gestore dei servizi energetici (GSE) SpA, Ministero dello Sviluppo economico, Ministero dell’Ambiente e della Sicurezza energetica (Reference for a preliminary ruling – Environment – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Article 3 – Directive (EU) 2018/2001 – Article 4 – National incentives for the production of energy from renewable sources – Aid scheme – State aid – Article 108 TFEU – Exclusive competence of the European Commission to rule on the compatibility of aid measures with the internal market – Commission decision finding such an aid scheme compatible with the internal market – Action brought before a national court by a beneficiary of aid under that scheme challenging a modality of that scheme which is inextricably linked to its functioning – Inadmissibility, in the context of that action, of a request for a preliminary ruling concerning the interpretation of those provisions of those directives)
OJ C, C/2025/5062, 29.9.2025, ELI: http://data.europa.eu/eli/C/2025/5062/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
![]() |
Official Journal |
EN C series |
C/2025/5062 |
29.9.2025 |
Judgment of the Court (Fourth Chamber) of 1 August 2025 (request for a preliminary ruling from the Consiglio di Stato – Italy) – Tiberis Holding Srl v Gestore dei servizi energetici (GSE) SpA, Ministero dello Sviluppo economico, Ministero dell’Ambiente e della Sicurezza energetica
(Case C-514/23, (1) Tiberis Holding)
(Reference for a preliminary ruling - Environment - Promotion of the use of energy from renewable sources - Directive 2009/28/EC - Article 3 - Directive (EU) 2018/2001 - Article 4 - National incentives for the production of energy from renewable sources - Aid scheme - State aid - Article 108 TFEU - Exclusive competence of the European Commission to rule on the compatibility of aid measures with the internal market - Commission decision finding such an aid scheme compatible with the internal market - Action brought before a national court by a beneficiary of aid under that scheme challenging a modality of that scheme which is inextricably linked to its functioning - Inadmissibility, in the context of that action, of a request for a preliminary ruling concerning the interpretation of those provisions of those directives)
(C/2025/5062)
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Appellant: Tiberis Holding Srl
Respondents: Gestore dei servizi energetici (GSE) SpA, Ministero dello Sviluppo economico, Ministero dell’Ambiente e della Sicurezza energetica
Other party to the proceedings: Conza Energia Srl
Operative part of the judgment
The request for a preliminary ruling made by the Consiglio di Stato (Council of State, Italy), by decision of 8 August 2023, is inadmissible.
(1) OJ C, C/2023/505.
ELI: http://data.europa.eu/eli/C/2025/5062/oj
ISSN 1977-091X (electronic edition)