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European Union

Environment - Greenhouse gas emission allowance - Determination of extent of obligation to surrender allowances - Penalties - Parliament and Council Directive 2003/87/EC, arts 16(1), (3) Federal Republic of Germany v Nordzucker AG (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht intervening) (Case C-148/14) EU:C:2015:287; [2015] WLR (D) 186

5 May 2015

ECJ: President of Chamber R Silva de Lapuerta; Judges J-C Bonichot (Rapporteur), A Arabadjiev, JL da Cruz Vilaca, C Lycourgos; Advocate General N Wahl

• 29 April 2015

Article 16(3) of Parliament and Council Directive 2003/87/EC of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2004 L275, p 32) (as amended by Parliament and Council Directive 2004/101/EC) did not apply to an operator who had surrendered a number of greenhouse gas emission allowances equal to the emissions for the preceding year as reported and verified in accordance with article 15 of the Directive, where it was established, following an additional verification carried out by the competent national authority after the expiry of the time-limit for surrender, that those emissions were understated, so that t...

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