Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 19 June 2020 — Aurubis AG v Federal Republic of Germany

(Case C-271/20)

(2020/C 287/44)

Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Applicant: Aurubis AG

Defendant: Federal Republic of Germany

Questions referred

Are the requirements of Article 3(d) of Commission Decision 2011/278/EU (1) for a free allocation of emission allowances on the basis of a sub-installation with a fuel emission value fulfilled where, in an installation for the production of non-ferrous metals in accordance with Annex I to Directive 2003/87/EC, a sulphur-containing copper concentrate is used in a flash smelting furnace to produce primary copper and the non-measurable heat required to melt the copper ore contained in the concentrate is produced essentially through oxidation of the sulphur contained in the concentrate, meaning that the copper concentrate is used both as a source of raw material and as a combustible material to generate heat?

If the answer to Question 1 is in the affirmative:

Can entitlements to a further free allocation of emission allowances for the third trading period be met after the end of the third trading period with entitlements for the fourth trading period where the existence of the allowance entitlement is established by a court only after expiry of the third trading period, or do allowance entitlements that have not yet been met lapse on expiry of the third trading period?

(1) 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).