Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 September 2019 — Axpo Trading Ag v Gestore dei Servizi Energetici SpA — GSE
(Case C-705/19)
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Appellant: Axpo Trading Ag
Respondent: Gestore dei Servizi Energetici SpA — GSE
Question referred
Do the following provisions:
Article 18 TFEU, in so far as it prohibits any discrimination on grounds of nationality within the scope of application of the Treaties;
Articles 28 and 30 TFEU and Article 6 of the EEC-Switzerland Free Trade Agreement, 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 and Article 13 of the EEC-Switzerland Free Trade Agreement, in so far as they prohibit 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 which imposes on importers of green electricity a financial burden that does not apply to domestic producers of the same product?
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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).