Judgment_paragraph 77 · Secab Soc. coop. v Autorità di Regolazione per Energia Reti e Ambiente (ARERA) and Gestore dei servizi energetici (GSE) SpA (C-423/23)

77Recitals 27 and 41 of that regulation, relied on by the referring court, cannot allow for an interpretation different from that set out in paragraphs 75 and 76 of the present judgment. As the preamble to an EU act has no binding legal value, the recitals of such an act cannot be relied upon to derogate from the provisions of the act itself or to interpret those provisions in a manner contrary to their wording (judgment of 21 March 2024, LEA, C‑10/22, EU:C:2024:254, paragraph 51 and the case-law cited). In the present case, the wording of Articles 6 to 8 of Regulation 2022/1854 is unequivocal as regards the absence of an obligation on the Member States to provide for a cap on the market revenues obtained by producers of electricity from hard coal or to provide for caps differentiated according to the technologies used.

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

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