# C_2010037EN.01002901.xml

| 13.2.2010 | EN | Official Journal of the European Union | C 37/29 |
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13.2.2010

EN

Official Journal of the European Union

C 37/29

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Reference for a preliminary ruling from the Tribunal administratif de Paris (France) lodged on 12 November 2009 — Ville de Lyon v Caisse des dépôts et consignations

(Case C-524/09)

2010/C 37/36

Language of the case: French

Referring court

Referring court

Tribunal administratif de Paris

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ville de Lyon

Applicant:

Defendant: Caisse des dépôts et consignations

Defendant:

Questions referred

Questions referred

| 1. | Is the supply or refusal to supply the information provided for in point 12 of Annex XVI to Regulation (EC) No 2216/2004 (1) the responsibility of the Central Administrator alone or the responsibility also of the administrator of the national registry? |
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1.

Is the supply or refusal to supply the information provided for in point 12 of Annex XVI to Regulation (EC) No 2216/2004 (1) the responsibility of the Central Administrator alone or the responsibility also of the administrator of the national registry?

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| 2. | If it is the responsibility of the administrator of the national registry, must that information be considered to be ‘information on emissions into the environment’ within the meaning of Article 4 of Directive 2003/4/EC, (2) against whose supply ‘the confidentiality of commercial or industrial information’ could not be invoked, or is the supply of that information governed by specific rules on confidentiality? |
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2.

If it is the responsibility of the administrator of the national registry, must that information be considered to be ‘information on emissions into the environment’ within the meaning of Article 4 of Directive 2003/4/EC, (2) against whose supply ‘the confidentiality of commercial or industrial information’ could not be invoked, or is the supply of that information governed by specific rules on confidentiality?

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| 3. | In the event that specific rules on confidentiality apply, is that information not to be supplied before a period of five years has elapsed or does that time-limit concern only the five-year allowance allocation period under Directive 2003/87/EC? (3) |
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3.

In the event that specific rules on confidentiality apply, is that information not to be supplied before a period of five years has elapsed or does that time-limit concern only the five-year allowance allocation period under Directive 2003/87/EC? (3)

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| 4. | In the event that that five-year time-limit does apply, does Article 10 of Regulation No 2216/2004 allow a derogation from it and can a refusal to derogate from it be invoked, on the basis of that article, against a local authority requesting the supply of that information in order to negotiate an agreement on public service delegation in respect of urban heating? |
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4.

In the event that that five-year time-limit does apply, does Article 10 of Regulation No 2216/2004 allow a derogation from it and can a refusal to derogate from it be invoked, on the basis of that article, against a local authority requesting the supply of that information in order to negotiate an agreement on public service delegation in respect of urban heating?

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(1)  Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (OJ 2004 L 386, p. 1).

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(2)  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ 2003 L 41, p. 26).

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(3)  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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