CJEU has ruled on a long waited case, in which the plaintiff Germany successfuly defended its thesis that preferencial price for purchasing renewable sourses energy does not constitute state aid, when they are not payd by budget means and the state does not have effective control over the incoming funds. This is a landmark case, as in essence the bulgarian support scheme "preferencial prices", introduced in Bulgaria and notified with the National Plan for Development of Renewable Energy Sourses is not a state aid as the bulgarian state and the Commission claimed. Bulgaria has esencially stated that:

"Разходите, свързани с тази схема не се покриват от бюджета. Те се включват в цената за пренос на електрическа енергия, като по този начин се заплащат от всички потребители, пропорционално на тяхното потребление."

 The court decision essencialy nulls Notification for State Aid SA.44840 (2016/NN) with №04.080.2016 C(2016) 5205 final 

Case C-405/16 revokes the claim for double financing in cases where the "preferencial price" support scheme is involved. Serious corrections in the Bulgarian legislature are to be expected, as well as a new notification of the Bulgarian Renewable Energy Law.

Some of the highlights of the Case are as follows:

UEGEP is strongly enthusiastic that CJEU will issue a decision on the case that has the same legal question as the 274 small-scale RES producers affected by §18 of Final and Additional Provisions of the Energy Act. The details on the case are as follows:

Case C-180/18: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 9 March 2018 — Agrenergy Srl v Ministero dello Sviluppo Economico

Question referred

Should Article 3(3)(a) of Directive 2009/28/EC (1) be interpreted — including in view of the general principle of the protection of legitimate expectations and the overall system of rules introduced by that directive to incentivise the production of energy from renewable sources — as rendering incompatible with EU law national legislation which allows the Italian Government, in subsequent implementing decrees, to reduce or even remove incentives introduced earlier?

 

Our Petition for §18 of Final and Additional Provisions of the Energy Act has been declared admissible and is available for support. Here is the resume: 

The petitioner alleges that the State of Bulgaria has failed to fulfil its obligations under Union law by arbitrarily ending the support scheme for 324 small Renewable Energy Sources (RES). The introduction of new legislation has led to setting new prices for purchasing electricity power produced by solar plants. Such a change of pricing clearly violates EU law, which prohibits the change of fixed prices under any circumstances. In that regard, the petitioner calls for initiation of an investigation by setting up a temporary Committee of Inquiry, which will look into the pattern of malpractices of Bulgarian authorities regarding the proper implementation of Union law. 

To support us register on https://petiport.secure.europarl.europa.eu and find №0668/2018, then click support!

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