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Document 62019CN0705
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
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
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
OJ C 432, 23.12.2019, p. 23–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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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).