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Case C-910/24, Calmit Hungária Mészművek: Request for a preliminary ruling from the Győri Törvényszék (Hungary) lodged on 12 December 2024 – Calmit Hungária Mészművek Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
ECLI:EU:UNKNOWN:62024CN0910
62024CN0910
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Official Journal of the European Union
EN
C series
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C/2025/1747
31.3.2025
(Case C-910/24, Calmit Hungária Mészművek)
(C/2025/1747)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: Calmit Hungária Mészművek Kft.
Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Questions referred
(1)Should Articles 49 TFEU, 54 TFEU and 56 TFEU and Article 16(1) of Directive 2006/123/EC (1) on services in the internal market be interpreted as meaning that, if legislation of a Member State, invoking an emergency situation, establishes liability for a carbon dioxide quota tax on the basis of average annual carbon dioxide emissions and the free allocation of emission allowances equivalent to a minimum of 50 % of the average total carbon dioxide emissions, in such a way that the aforementioned liability has the effect that only subsidiaries – manufacturing and selling lime products in Hungary – of companies established in other Member States of the European Union are taxed, such legislation complies with those provisions?
(2)Should Article 1 and Article 10b(1) of Directive 2003/87/EC (2) establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC of the Council, and Articles 16 and 17 of the Charter of Fundamental Rights, be interpreted as meaning that, if legislation of a Member State, invoking an emergency situation, establishes liability for a carbon dioxide quota tax on the basis, in particular, of the free allocation of emission allowances equivalent to a minimum of 50 % of average total carbon dioxide emissions, which leads to operating at a loss and loss of profits only in the case of subsidiaries – manufacturing and selling lime products in Hungary – of companies established in other Member States of the European Union, such legislation complies with those provisions?
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(1) OJ 2006 L 376, p. 36.
(2) OJ 2003 L 275, p. 32.
ELI: http://data.europa.eu/eli/C/2025/1747/oj
ISSN 1977-091X (electronic edition)
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