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Case C-591/11: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 25 November 2011 — Gas Natural SDG, S.A., Bizcaia Energia, SL v Spanish State, Endesa, S.A., Hidroeléctrica del Cantábrico, S.A. and Iberdrola, S.A.
ECLI:EU:UNKNOWN:62011CN0591
62011CN0591
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Official Journal of the European Union
C 39/10
(Case C-591/11)
(2012/C 39/18)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appellants: Gas Natural SDG, S.A., Bizcaia Energia, SL
Other parties: Spanish State, Endesa, S.A., Hidroeléctrica del Cantábrico, S.A. and Iberdrola, S.A.
Question referred
May Article 10 of Directive 2003/87/EC (1) of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC be interpreted as not preventing application of national legislative measures of the kind under review in these proceedings, the purpose and effect of which are to reduce remuneration for the activity of electricity production by an amount equivalent to the value of the greenhouse gas emission allowances allocated free of charge during the relevant period?
(1) OJ 2003 L 275, p. 32.