# C_2016343EN.01001302.xml

| 19.9.2016 | EN | Official Journal of the European Union | C 343/13 |
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19.9.2016

EN

Official Journal of the European Union

C 343/13

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Order of the Court of Justice (Sixth Chamber) of 14 July 2016 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — BASF SE v Bundesrepublik Deutschland

(Case C-456/15) (1)

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((Preliminary reference - Article 99 of the Court’s Rules of Procedure - Scheme for greenhouse gas emission allowance trading in the European Union - Directive 2003/87/EC - Article 10a(5) - Method for allocating allowances - Free allocation of allowances - Method for calculating the uniform cross-sectoral correction factor - Decision 2011/278/EU - Article 15(3) - Decision 2013/448/EU - Article 4 - Annex II - Validity))

(2016/C 343/20)

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Parties to the main proceedings

Applicant: BASF SE

Applicant:

Defendant: Bundesrepublik Deutschland

Defendant:

Operative part of the order

Operative part of the order

| 1. | Examination of the first and second questions has not revealed any factor capable of affecting the validity of Article 15(3) of Commission Decision 2011/278/EU 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 inasmuch as that provision excludes the taking into account of the emissions of electricity generators for the purpose of determining the maximum annual amount of allowances. |
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1.

Examination of the first and second questions has not revealed any factor capable of affecting the validity of Article 15(3) of Commission Decision 2011/278/EU 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 inasmuch as that provision excludes the taking into account of the emissions of electricity generators for the purpose of determining the maximum annual amount of allowances.

| 2. | Article 4 of, and Annex II to, Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council are invalid. |
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2.

Article 4 of, and Annex II to, Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council are invalid.

| 3. | The effects of the declaration of invalidity of Article 4 of, and Annex II to, Decision 2013/448 shall be limited in time in such a way, first, that that declaration shall take effect only at the end of a period of ten months from the date of delivery of the judgment of 28 April 2016, Borealis Polyolefine and Others (C-191/14, C–192/14, C–295/14, C–389/14 and C–391/14 to C–393/14, EU:C:2016:311), in order to allow the European Commission to proceed with the adoption of the necessary measures and, secondly, that the measures adopted up to that point on the basis of the provisions declared invalid cannot be brought into question. |
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3.

The effects of the declaration of invalidity of Article 4 of, and Annex II to, Decision 2013/448 shall be limited in time in such a way, first, that that declaration shall take effect only at the end of a period of ten months from the date of delivery of the judgment of 28 April 2016, Borealis Polyolefine and Others (C-191/14, C–192/14, C–295/14, C–389/14 and C–391/14 to C–393/14, EU:C:2016:311), in order to allow the European Commission to proceed with the adoption of the necessary measures and, secondly, that the measures adopted up to that point on the basis of the provisions declared invalid cannot be brought into question.

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(1)  OJ C 389, 23.11.2015

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