Judgment_paragraph 89 · Aurubis AG v Bundesrepublik Deutschland (C-271/20)

89Turning to the Central Administrator’s obligation, if a judicial decision is given after 31 December 2020 which leads to a change in the national allocation table in favour of the installation operator, it is for the Central Administrator to examine whether the allowances that ought to have been issued to that operator during the third period, but were not, were placed into the reserve created by Decision 2015/1814, in accordance with Article 10a(7) of Directive 2003/87, or were auctioned in accordance with Article 10 of Directive 2003/87. It is then for the Central Administrator to determine whether it is appropriate for the issuance of the allowances concerned to that operator be made from the allowances in that reserve or by any other means compatible with the budgetary rules of the Union.

Aurubis AG v Bundesrepublik Deutschland (C-271/20)

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