CASE COMMENTS: REGULATION – ELECTRICITY – CAPACITY MECHANISM – FREE MOVEMENT OF GOODS

Preliminary ruling: The French Supreme Administrative Court refers to the Court of Justice of the European Union for a preliminary ruling on the compatibility with the free movement of goods of the capacity mechanism in the energy sector (ANODE)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Conseil d'État has referred a question to the Court of Justice of the EU for a preliminary ruling on whether Articles 34 and 36 TFEU must be interpreted as precluding the capacity mechanism in the electricity sector. In this case, the National Association of Energy Retail Operators (ANODE) asked the Conseil d'État to overturn the implicit refusal of the Ministers of Ecology, Sustainable Development and Energy and of the Economy and Finance to withdraw decree no. 2012-1405 of December 14, 2012 relating to the contribution of suppliers to the security of electricity supply and creating a capacity obligation mechanism in the electricity sector on the

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  • University Paris II Panthéon‑Assas

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Francesco Martucci, Preliminary ruling: The French Supreme Administrative Court refers to the Court of Justice of the European Union for a preliminary ruling on the compatibility with the free movement of goods of the capacity mechanism in the energy sector (ANODE), 9 October 2015, Concurrences N° 1-2016, Art. N° 77928, pp. 186-189

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