Evonik Degussa GmbH v Germany

European Union – Environment. Annex 1 of Part 2 to Commission Decision (EU) 2011/278 should be interpreted as meaning that a process which did not produce hyrogen by chemical synthesis, but only isolated hydrogen already contained in a gas mixture, did not fall within the system boundaries of the product benchmark for hydrogen. It would be otherwise only if that process, first, was associated with 'production of hydrogen' within the meaning of Annex I to Directive (EC) 2003/87 and, second, had a technical connection with it. The Court of Justice of the European Union so held in proceedings concerning the refusal by the competent German authorities to allocate Evonik Degussa GmbH free gas emission allowances in the context of implementing a process of separation of hydrogen in a rich gas stream which had already contained hydrogen.

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