Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 7 April 2020 — Fondul Proprietatea SA v Guvernul României, SC Complexul Energetic Hunedoara SA, in liquidation, Compania Națională de Transport al Energiei Electrice ‘Transelectrica’ SA, SC Complexul Energetic Oltenia SA
(Case C-179/20)
Language of the case: Romanian
Referring court
Curtea de Apel București
Parties to the main proceedings
Applicant: Fondul Proprietatea SA
Defendants: Guvernul României, SC Complexul Energetic Hunedoara SA, in liquidation, Compania Națională de Transport al Energiei Electrice ‘Transelectrica’ SA, SC Complexul Energetic Oltenia SA
Intervener: Ministerul Economiei, Energiei și Mediului de Afaceri
Questions referred
Does the adoption by the Romanian State of a legislative act which, for the benefit of two companies of which the State is the majority shareholder, provides for:
a.1. the grant of priority access to dispatching and an obligation for the transmission system operator to purchase ancillary services from those companies, and
a.2. the grant of guaranteed access to the electricity grid for the electricity produced by those two companies, such as to ensure that they can operate continuously,
constitute State aid within the meaning of Article 107 TFEU, that is to say, is it a measure funded by the State or through State resources, is it selective in nature and may it affect trade between Member States? If so, is such State aid subject to notification as provided for by Article 108(3) TFEU?
Is the grant by the Romanian State of a right of guaranteed access to the electricity grid to two companies of which the State is the majority shareholder, such as to ensure that they can operate continuously, consistent with the provisions of Article 15(4) of Directive 2009/72/EC? 1
____________
1 Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ 2009 L 211, p. 55).