# C_2015026EN.01001301.xml

| 26.1.2015 | EN | Official Journal of the European Union | C 26/13 |
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26.1.2015

EN

Official Journal of the European Union

C 26/13

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Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 10 November 2014 — Buzzi Unicem SpA and Others v Comitato nazionale per la gestione della Direttiva 2003//87/EC and Others

(Case C-502/14)

(2015/C 026/17)

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Applicants: Buzzi Unicem SpA, Colacem SpA, Cogne Acciai Speciali SpA, Olon SpA, Laterlite SpA

Applicants:

Defendants: Comitato nazionale per la gestione della Direttiva 2003//87/EC, Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Ministero dello Sviluppo economico

Defendants:

Questions referred

Questions referred

| 1. | Is European Commission Decision 2013/448/EU of 5 September 2013 invalid in so far as it failed to take into account, in the calculation of the allowances to be allocated free of charge, the percentage of emissions associated with waste gas combustion — or steel processing gas — or of emissions associated with the heat produced by cogeneration, thereby infringing Article 290 TFEU and Article 10a(1),(4) and (5) of Directive 2003/87/EC (1) , going beyond the limits of the powers conferred by that directive and at variance with its objectives (to encourage more energy-efficient techniques and to protect the needs of economic development and employment)? |
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1.

Is European Commission Decision 2013/448/EU of 5 September 2013 invalid in so far as it failed to take into account, in the calculation of the allowances to be allocated free of charge, the percentage of emissions associated with waste gas combustion — or steel processing gas — or of emissions associated with the heat produced by cogeneration, thereby infringing Article 290 TFEU and Article 10a(1),(4) and (5) of Directive 2003/87/EC (1) , going beyond the limits of the powers conferred by that directive and at variance with its objectives (to encourage more energy-efficient techniques and to protect the needs of economic development and employment)?

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| 2. | Is European Commission Decision 2013/448/EU of 5 September 2013 invalid, in the light of the Community principles of effectiveness and proportionality underlying Article 5 TEU, owing to undue failure to respect the applicant companies’ legitimate expectation of remaining in possession of the number of the allowances allocated to them on a preliminary basis and to which they are entitled on the basis of Directive 2003/87, thereby depriving those companies of the economic benefit associated with that number of allowances? |
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2.

Is European Commission Decision 2013/448/EU of 5 September 2013 invalid, in the light of the Community principles of effectiveness and proportionality underlying Article 5 TEU, owing to undue failure to respect the applicant companies’ legitimate expectation of remaining in possession of the number of the allowances allocated to them on a preliminary basis and to which they are entitled on the basis of Directive 2003/87, thereby depriving those companies of the economic benefit associated with that number of allowances?

| 3. | Is European Commission Decision 2013/448/EU of 5 September 2013 invalid in so far as it failed to take into account, in the calculation of the allowances to be allocated free of charge, emissions from plants that fell within the scope of the directive only with effect from 2013, in that such plants were included in the Emission Trading Scheme under Directive 2009/29/EC? |
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3.

Is European Commission Decision 2013/448/EU of 5 September 2013 invalid in so far as it failed to take into account, in the calculation of the allowances to be allocated free of charge, emissions from plants that fell within the scope of the directive only with effect from 2013, in that such plants were included in the Emission Trading Scheme under Directive 2009/29/EC?

| 4. | Is European Commission Decision 2013/448/EU of 5 September 2013 invalid as regards its definition of the cross-sectoral correction factor, given that the decision infringes the second paragraph of Article 296 TFEU and Article 41 of the [Charter of Fundamental Rights of the European Union] owing to its failure to provide an adequate statement of reasons? |
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4.

Is European Commission Decision 2013/448/EU of 5 September 2013 invalid as regards its definition of the cross-sectoral correction factor, given that the decision infringes the second paragraph of Article 296 TFEU and Article 41 of the [Charter of Fundamental Rights of the European Union] owing to its failure to provide an adequate statement of reasons?

| 5. | Is European Commission decision 2013/448/EU of 5 September 2013 invalid as regards its definition of the cross-sectoral correction factor, on the ground that it infringes the procedural rules under Articles 10a(1) and 23(3) of Directive 2003/87/EC? |
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5.

Is European Commission decision 2013/448/EU of 5 September 2013 invalid as regards its definition of the cross-sectoral correction factor, on the ground that it infringes the procedural rules under Articles 10a(1) and 23(3) of Directive 2003/87/EC?

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(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).

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