# C_2011113EN.01000402.xml

| 9.4.2011 | EN | Official Journal of the European Union | C 113/4 |
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9.4.2011

EN

Official Journal of the European Union

C 113/4

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Reference for a preliminary ruling from the Grondwettelijk Hof (Belgium) lodged on 17 January 2011 — Belgische Petroleum Unie VZW and Others v Belgische Staat

(Case C-26/11)

2011/C 113/07

Language of the case: Dutch

Referring court

Referring court

Grondwettelijk Hof

Parties to the main proceedings

Parties to the main proceedings

| Applicants | : | Belgische Petroleum Unie VZW and Others |
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| Defendant | : | Belgische Staat |
| Interveners | : | | Belgian Bioethanol Association VZW |

Applicants

:

Belgische Petroleum Unie VZW and Others

Defendant

:

Belgische Staat

Interveners

:

Belgian Bioethanol Association VZW

| | Belgian Biodiesel Board VZW |
| --- | --- |

Belgian Biodiesel Board VZW

Questions referred

Questions referred

| 1. | Should Articles 3, 4 and 5 of Directive 98/70/EC (1) of the European Parliament and of the Council of 13 October 1998‘relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC’ as well as, where appropriate, Article 4(3) of the Treaty on European Union and Articles 26(2), 28 and 34 to 36 of the Treaty on the Functioning of the European Union be interpreted as precluding a statutory provision on the basis of which every registered petroleum company which releases petrol products and/or diesel products for consumption is also obliged in the same calendar year to make available for consumption a quantity of sustainable biofuels, namely bio ethanol, pure or in the form of bio ETBE, amounting to at least 4 % vol/vol of the quantity of petrol products released for consumption, and FAME amounting to at least 4 % vol/vol of the quantity of diesel products released for consumption? |
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1.

Should Articles 3, 4 and 5 of Directive 98/70/EC (1) of the European Parliament and of the Council of 13 October 1998‘relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC’ as well as, where appropriate, Article 4(3) of the Treaty on European Union and Articles 26(2), 28 and 34 to 36 of the Treaty on the Functioning of the European Union be interpreted as precluding a statutory provision on the basis of which every registered petroleum company which releases petrol products and/or diesel products for consumption is also obliged in the same calendar year to make available for consumption a quantity of sustainable biofuels, namely bio ethanol, pure or in the form of bio ETBE, amounting to at least 4 % vol/vol of the quantity of petrol products released for consumption, and FAME amounting to at least 4 % vol/vol of the quantity of diesel products released for consumption?

1

| 2. | If the first question referred for a preliminary ruling is answered in the negative, should Article 8 of Directive 98/34/EC (2) of the European Parliament and of the Council (of 22 June 1998) ‘laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services’, notwithstanding Article 10(1), first indent, of the same Directive, be interpreted as imposing an obligation that the Commission be notified of a draft standard on the basis of which every registered petroleum company which releases petrol products and/or diesel products for consumption is also obliged in the same calendar year to make available for consumption a quantity of sustainable biofuels, namely bio-ethanol, pure or in the form of bio-ETBE, amounting to at least 4 % vol/vol of the quantity of petrol products released for consumption, and FAME amounting to at least 4 % vol/vol of the quantity of diesel products released for consumption? |
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2.

If the first question referred for a preliminary ruling is answered in the negative, should Article 8 of Directive 98/34/EC (2) of the European Parliament and of the Council (of 22 June 1998) ‘laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services’, notwithstanding Article 10(1), first indent, of the same Directive, be interpreted as imposing an obligation that the Commission be notified of a draft standard on the basis of which every registered petroleum company which releases petrol products and/or diesel products for consumption is also obliged in the same calendar year to make available for consumption a quantity of sustainable biofuels, namely bio-ethanol, pure or in the form of bio-ETBE, amounting to at least 4 % vol/vol of the quantity of petrol products released for consumption, and FAME amounting to at least 4 % vol/vol of the quantity of diesel products released for consumption?

2

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(1)  OJ 1998 L 350, p. 58

1

(2)  OJ 1998 L 204, p. 37

2

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