Request for a preliminary ruling: The Court of justice of the European Union rules that the Polish tax placing an obligation on both private and public undertakings to purchase electricity produced by cogeneration with the production of heat does not constitute intervention by the State or through State resources (Enea)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 13 September 2017, the Court of Justice of the European Union delivered its judgment in the case of in Case C-329/15 (ENEA SA v Prezes Urzędu Regulacji Energetyki). This case follows a reference for a preliminary ruling by the Polish Supreme Court at Sąd Najwyższy. It was referred to the Court in the context of a dispute between ENEA SA, a private law company wholly owned by the Polish State which generates, markets and sells electricity, and the national energy sector regulator, URE. In response to the imposition of a pecuniary penalty by URE for breach of its obligation to supply electricity from cogeneration, ENEA argued that that supply obligation