30.11.2015

Official Journal of the European Union

C 398/14

Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 August 2015 — Vattenfall Europe Generation AG v Federal Republic of Germany

(Case C-457/15)

(2015/C 398/18)

Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Applicant: Vattenfall Europe Generation AG

Defendant: Federal Republic of Germany

Questions referred

Does the inclusion of the category ‘Activities for the combustion of fuels in installations with a total rated thermal input exceeding 20 MW’ in Annex I to Directive 2003/87/EC (1) result in the emissions trading obligation of an installation for the generation of electricity thereby starting on the date of the first emissions of greenhouse gases and thus potentially before the date of the first generation of electricity by the installation?

If Question 1 is answered in the negative:

Is Article 19(2) of the Commission Decision of 27 April 2011 (2011/278/EU) (2) to be interpreted as meaning that the emissions of greenhouse gases which occur prior to the start of normal operation of an installation included in Annex I to Directive 2003/87/EC already trigger the operator’s obligation to report and surrender emission allowances on the date of the first emissions during the construction phase of the installation?

If the answer to the second question is in the affirmative:

Is Article 19(2) of the Commission Decision of 27 April 2011 (2011/278/EU) to be interpreted as precluding the application of the national implementing provision in Paragraph 18(4) of the Zuteilungsverordnung 2020 (2020 Allocation Regulation) to installations for the generation of electricity with regard to the determination of the start of the emissions trading obligation?

(1) 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).

(2) 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 (notified under document C(2011) 2772) (OJ 2011 L 130, p. 1).