Case C‑580/14

Sandra Bitter

v

Bundesrepublik Deutschland

(Request for a preliminary ruling from the Verwaltungsgericht Berlin)

‛Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Excess emissions penalty — Proportionality’

Summary — Order of the Court (Sixth Chamber), 17 December 2015

1. Questions referred for a preliminary ruling — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Application of Article 99 of the Rules of Procedure

   (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99)

2. EU law — Principles — Proportionality — Scope — Discretion of the EU legislature — Judicial review — Limits — Assessment in the light of the information available at the time of the adoption of the measure

3. Environment — Atmospheric pollution — Directive 2003/87 — Scheme for greenhouse gas emission allowance trading — Penalty in the event of non-surrender of a sufficient number of allowances within the time period — No breach of principle of proportionality

   (European Parliament and Council Directive 2003/87, Art. 16(3))

1.  See the text of the decision.

   (see para. 21)

2.  See the text of the decision.

   (see para. 23-27)

3.  Examination of the second sentence of Article 16(3) of Directive 2003/87 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Directive 96/61, as amended by Directive 2009/29, in so far as that article provides for a penalty of EUR 100 per tonne of carbon dioxide equivalent emitted for which the operator has not surrendered allowances, has not revealed anything capable of affecting, in the light of the principle of proportionality, its validity.

   (see para. 35, operative part)