Request for a preliminary ruling from the Cour constitutionnelle (Luxembourg) lodged on 29 June 2015 — ArcelorMittal Rodange et Schifflange SA v State of the Grand-Duchy of Luxembourg

(Case C-321/15)

(2015/C 294/51)

Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings

Applicant: ArcelorMittal Rodange et Schifflange SA

Defendant: State of the Grand-Duchy of Luxembourg

Question referred

Is Article 13(6) of the amended Law of 23 December 2004 establishing a scheme for greenhouse gas emission allowance trading, in so far as it allows the competent minister to order the surrender, without full or partial compensation of allowances issued in accordance with Article 12(2) and (4) of that law, but not used, compatible with 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 (1), and more particularly with the broad logic of the emissions trading scheme provided for by that directive, that question encompassing the issue of the legal validity of the surrender of allowances which have been issued but not used, and, if that question is answered in the affirmative, of their classification, as well as that of the possible classification of such allowances as property?

(1)  OJ 2003 L 275, p. 32.