Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 19 August 2022 — Autorità di Regolazione per Energia Reti e Ambiente (ARERA) v Fallimento Esperia SpA, Gestore dei Servizi Energetici SpA — GSE

(Case C-558/22)

(2022/C 441/13)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Autorità di Regolazione per Energia Reti e Ambiente (ARERA)

Respondents: Fallimento Esperia SpA, Gestore dei Servizi Energetici SpA — GSE

Questions referred

Do the following provisions:

—	Article 18 TFEU, in so far as it prohibits any discrimination on grounds of nationality within the scope of the Treaties;

—	Articles 28 and 30 TFEU, in so far as they provide for the abolition of customs duties on imports and measures having equivalent effect;

—	Article 110 TFEU, in so far as it prohibits taxation on imports in excess of those imposed directly or indirectly on similar domestic products;

—	Article 34 TFEU, in so far as it prohibits the adoption of measures having equivalent effect to quantitative restrictions on imports;

—	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

—

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 such as the one described above, 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).