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23.11.2015 |
EN |
Official Journal of the European Union |
C 389/17 |
Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 August 2015 — Schaefer Kalk GmbH & Co. KG v Federal Republic of Germany
(Case C-460/15)
(2015/C 389/19)
Language of the case: German
Referring court
Verwaltungsgericht Berlin
Parties to the main proceedings
Applicant: Schaefer Kalk GmbH & Co. KG
Defendant: Federal Republic of Germany
Questions referred
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1. |
Is Commission Regulation (EU) No 601/2012 (1) invalid and does it infringe the aims of Directive 2003/87/EC (2) in so far as the second sentence of Article 49(1) provides that CO2 that is not transferred within the meaning of the first sentence of Article 49(1) is to be considered emitted by the installation producing the CO2? |
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2. |
Is Commission Regulation (EU) No 601/2012 invalid and does it infringe the aims of Directive 2003/87/EC in so far as point 10 of Annex IV provides that CO2 that is transferred to another plant for the production of precipitated calcium carbonate (PCC) is to be considered emitted by the installation producing the CO2? |
(1) Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ 2012 L 181, p. 30).
(2) 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).