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Case C-76/21: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 8 February 2021 — Wacker Chemie AG v Bundesrepublik Deutschland represented by the Umweltbundesamt
ECLI:EU:UNKNOWN:62021CN0076
62021CN0076
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Valentina R., lawyer
10.5.2021
Official Journal of the European Union
C 182/28
(Case C-76/21)
(2021/C 182/42)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Wacker Chemie AG
Defendant: Bundesrepublik Deutschland represented by the Umweltbundesamt
Questions referred
(a) a causal link between the physical capital investment and an extension of the technically and legally possible maximum capacity; or
(b) in keeping with Article 3(i) and (l) of Commission Decision 2011/278/EU of 27 April 2011, a comparison with the average of the 2 highest monthly production volumes within the first 6 months following the start of changed operation?
3. Is the term ‘initial installed capacity’ in Annex I to the ETS Guidelines to be interpreted in accordance with Article 7(3) of Decision 2011/278/EU?
4. Is a decision by the European Commission not to raise objections to a notified State aid scheme to be interpreted as meaning:
(a) that it finds that the national scheme is compatible overall with the State aid guidelines even with regard to additional references in the national aid scheme to other provisions of national law; or
(b) that the national aid scheme and the other provisions of national law are to be interpreted as meaning that they must as a result comply with the aid guidelines?
5. If 4(a) applies, is a decision by the European Commission not to raise objections to a notified State aid scheme binding on the national court with regard to the finding that it complies with the relevant aid guidelines?
(1) Communication from the Commission — Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012 (OJ 2012 C 158, p. 4).
(2) 2011/278/EU: Commission Decision of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2011 L 130, p. 1).
(3) 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).
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