CELEX: 62015CN0321
Language: en
Date: 2015-06-29 00:00:00
Title: Case C-321/15: Request for a preliminary ruling from the Cour constitutionnelle (Luxembourg) lodged on 29 June 2015 — ArcelorMittal Rodange et Schifflange SA v State of the Grand-Duchy of Luxembourg

7.9.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/39
            
         Request for a preliminary ruling from the Cour constitutionnelle (Luxembourg) lodged on 29 June 2015 — ArcelorMittal Rodange et Schifflange SA v State of the Grand-Duchy of Luxembourg
   (Case C-321/15)
   (2015/C 294/51)
   Language of the case: French
   
      Referring court
   
   Cour constitutionnelle
   
      Parties to the main proceedings
   
   
      Applicant: ArcelorMittal Rodange et Schifflange SA
   
      Defendant: State of the Grand-Duchy of Luxembourg
   
      Question referred
   
   Is Article 13(6) of the amended Law of 23 December 2004 establishing a scheme for greenhouse gas emission allowance trading, in so far as it allows the competent minister to order the surrender, without full or partial compensation of allowances issued in accordance with Article 12(2) and (4) of that law, but not used, compatible with 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 (1), and more particularly with the broad logic of the emissions trading scheme provided for by that directive, that question encompassing the issue of the legal validity of the surrender of allowances which have been issued but not used, and, if that question is answered in the affirmative, of their classification, as well as that of the possible classification of such allowances as property?
   
      (1)  OJ 2003 L 275, p. 32.