Judgment_paragraph 39 · Enel Produzione SpA v Autorità per l'energia elettrica e il gas (C-242/10)

39It should be noted that Member States are required, under Article 3(9) of Directive 2003/54, to inform the Commission of all measures adopted to fulfil public service obligations, including consumer protection, and of their possible effect on national and international competition, whether or not such measures require a derogation from that directive, and to inform the Commission every two years of any changes to such measures (see, to that effect, Case C-265/08 Federutility and Others [2010] ECR I-3377, paragraph 23) and that notification of those measures makes it possible to check whether a Member State sought to impose a public service obligation. However, the absence of notification is not sufficient in itself to demonstrate that the legislation at issue does not constitute a public service obligation.

Enel Produzione SpA v Autorità per l'energia elettrica e il gas (C-242/10)

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