5.7.2021

Official Journal of the European Union

C 263/4

(Case C-617/19) (1)

(Reference for a preliminary ruling - Environment - Directive 2003/87/EC - Greenhouse gas emission allowance trading scheme - Article 3(e) - Concept of ‘installation’ - Article 3(f) - Concept of ‘operator’ - Points 2 and 3 of Annex I - Aggregation rule - Aggregation of the capacities of the activities in an installation - Transfer of an electricity and heat cogeneration unit by the owner of an industrial facility - Contract for the supply of energy between the transferor and transferee undertakings - Updating of the greenhouse gas emissions permit)

(2021/C 263/05)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Granarolo SpA

Defendants: Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Ministero dello Sviluppo economico, Comitato nazionale per la gestione della direttiva 2003/87/CE e per il supporto nella gestione delle attività di progetto del protocollo di Kyoto

Intervener: E.ON Business Solutions Srl, formerly E.ON Connecting Energies Italia Srl

Operative part of the judgment

Article 3(e) and (f) of 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, as amended by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009, read in conjunction with points 2 and 3 of Annex I to Directive 2003/87, must be interpreted as not precluding an owner of a production facility which has a thermal power facility the activity of which comes under Annex I from being able to obtain the updating of its greenhouse gas emissions permit within the meaning of Article 7 of that directive where it has transferred a cogeneration unit situated on the same industrial site as that production facility, implementing an activity the capacity of which is below the threshold provided for in Annex I, to an undertaking specialising in the energy sector, whilst at the same time concluding with that undertaking a contract providing, inter alia, that the energy produced by that cogeneration unit will be provided to that production facility in the event that the thermal power facility and the cogeneration unit do not constitute a single installation within the meaning of Article 3(e) of that directive and where, in any event, the owner of the production facility is no longer the operator of the cogeneration unit within the meaning of Article 3(f) of that directive.

(1)

Language of the case: Italian

ECLI:EU:C:2021:140

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