Reference for a preliminary ruling from the Tribunal administratif de Paris (France) lodged on 12 November 2009 - Ville de Lyon v Caisse des dépôts et consignations

(Case C-524/09)

Language of the case: French

Referring court

Tribunal administratif de Paris

Parties to the main proceedings

Applicant: Ville de Lyon

Defendant: Caisse des dépôts et consignations

Questions referred

(1)    Is the supply or refusal to supply the information provided for in point 12 of Annex XVI to Regulation (EC) No 2216/2004 ¹ the responsibility of the Central Administrator alone or the responsibility also of the administrator of the national registry?

(2)    If it is the responsibility of the administrator of the national registry, must that information be considered to be 'information on emissions into the environment' within the meaning of Article 4 of Directive 2003/4/EC, ² against whose supply 'the confidentiality of commercial or industrial information' could not be invoked, or is the supply of that information governed by specific rules on confidentiality?

(3)    In the event that specific rules on confidentiality apply, is that information not to be supplied before a period of five years has elapsed or does that time-limit concern only the five-year allowance allocation period under Directive 2003/87/EC? ³

(4)    In the event that that five-year time-limit does apply, does Article 10 of Regulation No 2216/2004 allow a derogation from it and can a refusal to derogate from it be invoked, on the basis of that article, against a local authority requesting the supply of that information in order to negotiate an agreement on public service delegation in respect of urban heating?

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¹ - Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (OJ 2004 L 386, p. 1).

² - Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ 2003 L 41, p. 26).

³ - Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).