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Document 62021CN0076
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
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
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
OJ C 182, 10.5.2021, p. 28–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
10.5.2021 |
EN |
Official Journal of the European Union |
C 182/28 |
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
(Case C-76/21)
(2021/C 182/42)
Language of the case: German
Referring court
Verwaltungsgericht Berlin
Parties to the main proceedings
Applicant: Wacker Chemie AG
Defendant: Bundesrepublik Deutschland represented by the Umweltbundesamt
Questions referred
1. |
Is the definition of capacity extension in the Commission’s ETS Guidelines (OJ 2012 C 158, p. 4), (1) whereby the installation can be operated at a capacity that is at least 10 % higher compared to the installation’s initial installed capacity before the change and it results from a physical capital investment (or a series of incremental physical capital investments) to be interpreted as meaning that this depends on:
|
2. |
If point 1(b) applies, is Article 3(i) of Commission Decision 2011/278/EU (2) of 27 April 2011 to be interpreted as meaning that it depends not on the scope of the extension of the technically and legally possible maximum capacity, but solely on the average values referred to in Article 3(l) of Decision 2011/278, irrespective of whether and to what extent they follow from the physical change made or a higher load? |
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:
|
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? |
6. |
Does the fact that the European Commission refers to its aid guidelines in a decision not to raise objections to a notified State aid rule and examines the compatibility of the notified aid based on the guidelines mean that those guidelines are binding on the Member State for the purpose of the interpretation and application of the approved aid scheme? |
7. |
Is Article 10a(6) of Directive 2003/87/EC, (3) as amended by Directive (EU) 2018/410, which states that the Member States should adopt financial measures to compensate for indirect CO2 costs, relevant to the interpretation of point 5 of the ETS Guidelines, which states that aid must be limited to the minimum needed to achieve the environmental protection sought? |
(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).