Request for a preliminary ruling from the Conseil d'État (France) lodged on 18 December 2014 — Association nationale des opérateurs détaillants en énergie (ANODE) v Premier ministre, Ministre de l’économie, de l’industrie et du numérique, Commission de régulation de l’énergie, GDF Suez
(Case C-121/15)
Language of the case: French
Referring court
Conseil d'État
Parties to the main proceedings
Applicant: Association nationale des opérateurs détaillants en énergie (ANODE)
Defendants: Premier ministre, Ministre de l’économie, de l’industrie et du numérique, Commission de régulation de l’énergie, GDF Suez
Questions referred
Must the intervention of a Member State consisting in requiring the incumbent supplier to offer to supply final consumers with natural gas at regulated tariffs, but which does not preclude competing offers from being made at prices lower than those tariffs by the incumbent supplier or alternative suppliers, be regarded as leading to a situation whereby price levels for the supply of natural gas to final consumers are determined independently of free market forces and as constituting, by its very nature, an obstacle to the achievement of a competitive market in natural gas, as referred to in Article 3(1) of Directive 2009/73/EC? 1
If the first question is to be answered in the affirmative, what criteria should be used to assess the compatibility with Directive 2009/73/EC of such State intervention in the price of the supply of natural gas to final consumers?
In particular:
(a) To what extent and under what conditions does Article 106(2) TFEU, read in conjunction with Article 3(2) of Directive 2009/73/EC, enable Member States to pursue, by intervening in prices for the supply of natural gas to consumers, objectives other than maintaining the price of supply at a reasonable level, such as ensuring secure supply and territorial cohesion?
(b) In the light of the objectives of secure supply and territorial cohesion, does Article 3(2) of Directive 2009/73/EC permit a Member State to intervene in determining the price of the supply of natural gas on the basis of the principle that the incumbent supplier’s costs be covered in full, and may the costs intended to be covered by the tariffs include components other than the portion representing long-term supply?
________________________1 Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ 2009 L 211, p. 94).