23.11.2013

Official Journal of the European Union

C 344/28

(Case C-195/12) (<span class="super">1</span>)

(Directive 2004/8/EC - Scope - Cogeneration and high efficiency cogeneration - Article 7 - Regional support scheme providing for the grant of ‘green certificates’ to cogeneration plants - Grant of a larger number of green certificates to cogeneration plants processing principally forms of biomass other than wood or wood waste - Principle of equality and non-discrimination - Articles 20 and 21 of the Charter of Fundamental Rights of the European Union)

2013/C 344/48

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Industrie du bois de Vielsalm & Cie (IBV) SA

Defendant: Région wallonne

Re:

Request for a preliminary ruling — Cour constitutionnelle — Interpretation of Article 7 of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC (OJ 2004 L 52, p. 50) — Interpretation of Articles 2 and 4 of Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (OJ 2001 L 283, p. 33) — Interpretation of Article 22 of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p. 16) — Interpretation of Article 6 TEU and Articles 20 and 21 of the Charter of Fundamental Rights of the European Union — Financial support schemes limited to high-efficiency cogeneration plants — Obligation, authorisation or prohibition of excluding from support cogeneration plants using principally wood or wood waste — Conformity of legislation with the principle of equal treatment

Operative part of the judgment

1.Article 7 of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC must be interpreted as meaning that its scope is not limited solely to cogeneration plants which are high efficiency cogeneration plants within the meaning of that directive.

2.In the present state of European Union law, the principle of equal treatment and non-discrimination laid down in particular in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union does not preclude the Member States, when introducing national support schemes for cogeneration and electricity production from renewable energy sources, such as those referred to in Article 7 of Directive 2004/8 and Article 4 of Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market, from providing for an enhanced support measure such as that at issue in the main proceedings capable of benefiting all cogeneration plants principally using biomass with the exclusion of cogeneration plants principally using wood and/or wood waste.

*

Language of the case: French.

(1)

OJ C 200, 7.7.2012.