Opinion of Advocate General Kokott in the cases Elecdey Carcelén, Energías Eólicas de Cuenca, Iberenova Promociones, Iberdrola Renovables Castilla La Mancha.

Article 2(k) and Article 3(1) and (2) of Directive 2009/28/EC on the promotion of the use of energy from renewable sources do not preclude a levy which is applied on a quarterly basis to the operation of wind power plants, if it does not prevent the Member State concerned from achieving the minimum shares of renewable energy provided for in the directive. Article 13(1)(e) of Directive 2009/28 and Articles 4 and 15(1) of Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity do not preclude a levy which is applied on a quarterly basis to the operation of wind power plants. Article 1(2) of Directive 2008/118/EC concerning the general arrangements for excise duty does not preclude a levy which is applied on a quarterly basis to the operation of wind power plants but does not have a direct and inseverable link with the consumption of the electricity generated. 

C‑215/16, C‑216/16, C‑220/16 and C‑221/16

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Rubriek: Europees belastingrecht

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