Judgment_paragraph 155 · Castelnou Energía, SL v European Commission (T-57/11)

155It should be noted, in that regard, that Article 11(4) of Directive 2003/54 provides, in essence, that Member States may, for reasons of security of supply, give power plants using indigenous fuel sources priority access to the market. Furthermore, Regulation No 1407/2002, which was in force when the contested decision was adopted, acknowledges the importance of coal production, as concerns energy security, for electricity generation. After noting that the European Union has become increasingly dependent on external supplies of primary energy sources, the Council concludes that the diversification of energy sources, both by geographical area and in products, will make it possible to create the conditions for greater security of supply, and adds that such a strategy includes the development of indigenous sources of primary energy (recital 3 in the preamble to Regulation No 1407/2002). The Court of Justice has held, furthermore, that a Member State may, without infringing the principle of the free movement of goods, limit the award of so-called ‘green’ electricity certificates, designed to promote renewable energy, to electricity producers established in its territory (see, by analogy, judgment of 1 July 2014 in Ålands Vindkraft, C‑573/12, ECR, EU:C:2014:2037, paragraphs 98 to 104).