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Case C-580/14: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 16 December 2014 — Mrs Sandra Bitter, lawyer, as insolvency administrator of Ziegelwerk Höxter GmbH v Federal Republic of Germany
ECLI:EU:UNKNOWN:62014CN0580
62014CN0580
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23.3.2015
Official Journal of the European Union
C 96/2
(Case C-580/14)
(2015/C 096/03)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Mrs Sandra Bitter, lawyer, as insolvency administrator of Ziegelwerk Höxter GmbH
Defendant: Federal Republic of Germany
Question referred
Does the second sentence of Article 16(3) [of Directive 2003/87/EC] , according to which the excess emissions penalty shall be EUR 100 for each tonne of carbon dioxide equivalent emitted for which the operator or aircraft operator has not surrendered allowances, infringe the principle of proportionality?
(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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