Abstract
The aim of this article is to discuss the following judgement of the European Court of Justice in case C-460/15 Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland concerning the EU Emissions Trading Scheme (EU ETS):
‘The second sentence of Article 49(1) of Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and point 10(B) of Annex IV to that regulation are invalid in so far as they systematically include the carbon dioxide (CO2) transferred to another installation for the production of precipitated calcium carbonate in the emissions of the lime combustion installation, regardless of whether or not that CO2 is released into the atmosphere.’
[operative part of the judgment].