Judgment of the Court of Justice of the European Union of 28 April 2016 (C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14)



The ruling applies to the EU ETS cross-sectoral correction factor (CSCF)


In the Judgment the Court of Justice ruled as follows:


1. The examination [...] has disclosed nothing to affect 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 in so far as that provision precludes emissions from electricity generators from being taken into account in the determination of 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.

3. The temporal effects of the declaration of invalidity of Article 4 of, and Annex II to, Decision 2013/448 are to be limited so that, first, that declaration does not produce effects until 10 months following the date of delivery of this judgment so as to enable the European Commission to adopt the necessary measures and, second, measures adopted during that period on the basis of the invalidated provisions cannot be called into question.







Parties  Case summary  Date 



Case C- 456/15; Joined Cases C- 191/14, C- 192/14, C- 295/14, C- 389/14 and C-391/14 to C- 393/14 Decision 2013/448/EU  Borealis Polyolefine GmbH/ AT Federal Minister for Agriculture, Forestry, Environment and Water Management  Validity of method for calculating the uniform cross- sectoral correction factor (CSCF) 14.07.2016; 28.04.2016 Article 4 and Annex II of Decision 2013/448/EU are invalid. Emissions data coming from new activities in existing installations should not have been taken into account, only installations newly covered by the EU ETS as of 2013. CSCF will be invalid as of 01.03.2017.



Case description:  Report from the Commission to the European Parliament and to the Council, Report on the functioning of the European carbon market, 23 November 2017 (COM(2017) 693 final, p. 43






Press release of the Court of Justice of the European Union No 47/16 of  28 April 2016



Source of the attachment: InfoCuria - Case-law of the Court of Justice






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