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Case C-580/14: Order of the Court (Sixth Chamber) of 17 December 2015 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Sandra Bitter, acting as insolvency administrator of Ziegelwerk Höxter GmbH v Bundesrepublik Deutschland (Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowances trading — Excess emissions penalty — Proportionality)
ECLI:EU:UNKNOWN:62014CB0580
62014CB0580
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22.2.2016
Official Journal of the European Union
C 68/19
(Case C-580/14) (1)
((Reference for a preliminary ruling - Directive 2003/87/EC - Scheme for greenhouse gas emission allowances trading - Excess emissions penalty - Proportionality))
(2016/C 068/24)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Sandra Bitter, acting as insolvency administrator of Ziegelwerk Höxter GmbH
Defendant: Bundesrepublik Deutschland
Operative part of the order
Examination of the question referred has revealed nothing capable of affecting, in the light of the principle of proportionality, the validity of the second sentence of Article 16(3) 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, in that it provides for a penalty of EUR 100 for each tonne of carbon dioxide equivalent emitted for which the operator has not surrendered allowances.
(1) OJ C 96, 23.3.2015.