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2020-03 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2020)

handle is hein.intyb/rcbjcofi0417 and id is 1 raw text is: ZCVRLA

Reports of Cases

JUDGMENT OF THE COURT (Fourth Chamber)
28 May 2020*
(Reference for a preliminary ruling - Directive (EU) 2015/1535 - Standards and technical
regulations - Wind generators - Directive 2006/123/EC - Concept of 'service' - Environment -
Directive 2009/28/EC - Promotion of the use of energy from renewable sources -
Mandatory national overall targets - National rule on the authorisation procedures applicable to
plants for the production of electricity from renewable energy sources - Proportionality -
Legislation of a Member State laying down restrictions on the location of wind turbines)
In Case C-727/17,
REQUEST for a preliminary ruling under Article 267 TFEU from the Wojew6dzki Sqd Administracyjny
w Kielcach (Regional Administrative Court of Kielce, Poland), made by decision of 12 October 2017,
received at the Court on 29 December 2017, in the proceedings
Syndyk Masy Upadlosci ECO-WIND Construction S.A. w upadlosci, formerly ECO-WIND
Construction S.A.,
v
Samorzgdowe Kolegium Odwolawcze w Kielcach,
THE COURT (Fourth Chamber),
composed of M. Vilaras, President of the Chamber, S. Rodin, D. Svaby (Rapporteur), K. Jurimie and
N. Piearra, Judges,
Advocate General : H. Saugmandsgaard Oe,
Registrar: M. Aleksejev, head of unit,
having regard to the written procedure and further to the hearing on 6 February 2020,
after considering the observations submitted on behalf of:
- Syndyk Masy Upadlosci ECO-WIND Construction S.A., by L. Szatkowski and M. Krasinska,
radcowie prawni, and by M. Trzaskowska and A. Szufel, adwokaci,
- the Polish Government, by B. Majczyna, M. Rzotkiewicz and D Lutostanska, acting as Agents,
- the German Government, by D. Klebs, acting as Agent,
- the Italian Government, by G. Palmieri, acting as Agent, and by C. Colelli, avvocato dello Stato,
' Language of the case: Polish.

ECLJ:EU:C:2020:3931

I

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