ExxonMobil Production Deutschland GmbH v Bundesrepublik Deutschland

European Union – Environment. Article 3(u) of Directive (EC) 2003/87, as amended, should be interpreted as meaning that an installation, such as that at issue in the main proceedings, which produced, within the framework of its activity of 'combustion of fuels in installations with a total rated thermal input exceeding 20 [megawatts (MW)]', referred to in Annex I to that directive, electricity intended essentially to be used for its own needs, had be regarded as an 'electricity generator', within the meaning of that provision. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the application by the applicant company for the allocation of greenhouse gas emission allowances free of charge to a natural gas processing installation.

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