CELEX: 62012CA0203
Language: en
Date: 2013-10-17 00:00:00
Title: Case C-203/12: Judgment of the Court (Second Chamber) of 17 October 2013 (request for a preliminary ruling from the Högsta domstolen — Sweden) — Billerud Karlsborg AB, Billerud Skärblacka AB v Naturvårdsverket (Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Penalty for excess emissions — Concept of excess emission — Equated with infringement of the obligation to surrender, within the time periods prescribed by the directive, a sufficient number of allowances to cover the emissions from the previous year — No exculpatory cause in the event of actual holding of non-surrendered allowances, unless force majeure — No possibility of varying the amount of the penalty — Proportionality)

14.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 367/12
            
         Judgment of the Court (Second Chamber) of 17 October 2013 (request for a preliminary ruling from the Högsta domstolen — Sweden) — Billerud Karlsborg AB, Billerud Skärblacka AB v Naturvårdsverket
   (Case C-203/12) (1)
   
   (Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Penalty for excess emissions - Concept of excess emission - Equated with infringement of the obligation to surrender, within the time periods prescribed by the directive, a sufficient number of allowances to cover the emissions from the previous year - No exculpatory cause in the event of actual holding of non-surrendered allowances, unless force majeure - No possibility of varying the amount of the penalty - Proportionality)
   2013/C 367/20
   Language of the case: Swedish
   
      Referring court
   
   Högsta domstolen
   
      Parties to the main proceedings
   
   
      Applicants: Billerud Karlsborg AB, Billerud Skärblacka AB
   
      Defendant: Naturvårdsverket
   
      Re:
   
   Request for a preliminary ruling — Högsta domstolen — Interpretation of Article 16(3) and (4) of 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) — Penalties provided for by the directive — Obligation for an operator who has not surrendered sufficient allowances by 30 April of each year to cover its emissions to pay a penalty, even where the non-surrender is due to negligence, administrative error or a technical problem — Possibility or non-possibility of varying the penalty or reducing the amount
   
      Operative part of the judgment
   
   
               1.
            
            
               Article 16(3) and (4) of 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 must be interpreted as precluding operators who have not surrendered, by 30 April of the current year, the carbon dioxide equivalent allowances equal to their emissions for the preceding year, from avoiding the imposition of a penalty for the excess emissions for which it provides, even where they hold a sufficient number of allowances on that date;
            
         
               2.
            
            
               Article 16(3) and (4) of Directive 2003/87 must be interpreted as meaning that the amount of the lump sum penalty provided for therein may not be varied by a national court on the basis of the principle of proportionality.
            
         
      (1)  OJ C 184, 23.6.2012.