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Case C-203/12: Reference for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 30 April 2012 — Billerud Karlsborg Aktiebolag, Billerud Skärblacka Aktiebolag v Naturvårdsverket
ECLI:EU:UNKNOWN:62012CN0203
62012CN0203
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23.6.2012
Official Journal of the European Union
C 184/7
(Case C-203/12)
2012/C 184/12
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicants: 1. Billerud Karlsborg Aktiebolag, 2. Billerud Skärblacka Aktiebolag
Defendant: Naturvårdsverket
Questions referred
1.Does Article 16(3) and (4) of Directive 2003/87 mean that an operator who has not surrendered a sufficient number of emission allowances by 30 April must pay a penalty regardless of the cause of the omission, for example, where, although the operator had a sufficient number of emission allowances on 30 April, as a result of an oversight, an administrative error or a technical problem it did not surrender them then?
2.If Question 1 is answered in the affirmative, does Article 16(3) and (4) of Directive 2003/87 mean that the penalty will or may be waived or reduced for example in the circumstances described in Question 1?
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 L 275, p. 32).
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