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Case C-460/15: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 August 2015 — Schaefer Kalk GmbH & Co. KG v Federal Republic of Germany
ECLI:EU:UNKNOWN:62015CN0460
62015CN0460
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23.11.2015
EN
Official Journal of the European Union
C 389/17
(Case C-460/15)
(2015/C 389/19)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Schaefer Kalk GmbH & Co. KG
Defendant: Federal Republic of Germany
Questions referred
1.Is Commission Regulation (EU) No 601/2012 invalid and does it infringe the aims of Directive 2003/87/EC in so far as the second sentence of Article 49(1) provides that CO₂ that is not transferred within the meaning of the first sentence of Article 49(1) is to be considered emitted by the installation producing the CO₂?
2.Is Commission Regulation (EU) No 601/2012 invalid and does it infringe the aims of Directive 2003/87/EC in so far as point 10 of Annex IV provides that CO₂ that is transferred to another plant for the production of precipitated calcium carbonate (PCC) is to be considered emitted by the installation producing the CO₂?
Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ 2012 L 181, p. 30).
Directive 2003/87/EC 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 (OJ 2003 L 275, p. 32).