Court of Justice 6 February 2025, C-514/23 (Tiberis Holding Srl v Gestore dei servizi energetici (GSE) SpA and Others.)

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The Advocate General's opinion addresses the compatibility of Italy's renewable energy support scheme with EU directives, specifically focusing on the "negative incentive mechanism" that applies to producers selling energy on the free market. The opinion interprets the provisions of Directive 2009/28/EC and Directive (EU) 2018/2001 regarding support schemes, emphasizing the need for such schemes to avoid market distortions while ensuring compliance with EU regulations. It also examines the implications of the European Commission's previous decision authorizing the Italian support scheme and the extent of national courts' powers in assessing compliance with these directives.AI