C-423/23Secab Soc. coop. v Autorità di Regolazione per Energia Reti e Ambiente (ARERA) and Gestore dei servizi energetici (GSE) SpA

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Reference for a preliminary ruling – Internal market for electricity – Directive (EU) 2019/944 – Article 5 – Market-based supply prices – Directive (EU) 2018/2001 – Promotion of the use of energy from renewable sources – Regulation (EU) 2022/1854 – Emergency intervention to address high energy prices – Articles 6 and 7 – Cap on the market revenues obtained by electricity producers using certain renewable energy sources – Article 8 – National measures further limiting market revenues – Conditions – National legislation not guaranteeing that producers retain 10% of surplus revenues above the cap – Preservation of investments in the renewable energy sector – No cap on the revenues obtained from the sale of energy produced from hard coal – No legislation differentiating between different sources of production.

Interprets