Request for a preliminary ruling from the Curtea de Apel Pitești (Romania) lodged on 27 February 2017 — SC Cali Esprou SRL v Administrația Fondului pentru Mediu

(Case C-104/17)

(2017/C 168/29)

Language of the case: Romanian

Referring court

Curtea de Apel Pitești

Parties to the main proceedings

Appellant: SC Cali Esprou SRL

Respondent: Administrația Fondului pentru Mediu

Question referred

Can Article 15 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (1) be interpreted as precluding the adoption, in a Member State of the European Union, of legislation that imposes a contribution payable by the economic operator which places packaged goods and packaging on the market, without in any way altering the goods or packaging, and sells them in the same form to an economic operator which, in turn, sells them on to the final consumer, the amount of the contribution being fixed per kilogram (kg), on the basis of the difference between, on the one hand, the quantities of packaging waste corresponding to the minimum targets for recovery or incineration in waste incineration plants with energy recovery and waste recycling facilities, and, on the other, the quantities of packaging waste actually recovered or incinerated in waste incineration plants with energy recovery and waste recycling facilities?

(1)  European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10).