Asunto C-515/16: Auto del Tribunal de Justicia (Sala Quinta) de 15 de marzo de 2017 (petición de decisión prejudicial planteada por la Cour d’appel de Versailles — Francia) — Enedis, SA/Axa Corporate Solutions SA, Ombrière Le Bosc SAS (Procedimiento prejudicial — Artículo 99 del Reglamento de Procedimiento del Tribunal de Justicia — Artículos 107 y 108 TFUE — Ayuda de Estado — Concepto de «intervención del Estado o mediante fondos estatales» — Electricidad de origen solar — Obligación de compra a un precio superior al precio de mercado — Compensación íntegra — Falta de notificación previa)
Section | información judicial |
Issuing Organization | Tribunal de Justicia de las Comunidades Europeas |
29.5.2017 ES Diario Oficial de la Unión Europea C 168/19
Lengua de procedimiento: francés
Cour d’appel de Versailles
Demandante: Enedis, SA
Demandada: Axa Corporate Solutions SA, Ombrière Le Bosc SAS
1) El artículo 107 TFUE, apartado 1, debe interpretarse en el sentido de que un mecanismo, como el instaurado por la normativa nacional controvertida en el litigio principal, de obligación de compra de la electricidad generada por las instalaciones que utilicen la energía de la radiación solar a un precio superior a su precio de mercado y cuya financiación recae en los consumidores finales de electricidad, debe considerarse una intervención del Estado o mediante fondos estatales.
2) El artículo 108 TFUE, apartado 3, debe interpretarse en el sentido de que en caso de falta de notificación previa a la Comisión Europea de una medida...
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