Reference for a preliminary ruling from the Cour Constitutionnelle, Belgium lodged on 26 April 2012 - I.B.V & Cie SA (Industrie du bois de Vielsalm & Cie SA) v Walloon Region

(Case C-195/12)

Language of the case: French

Referring court

Cour Constitutionnelle (formerly Cour d'arbitrage)

Parties to the main proceedings

Original claimant: I.B.V & Cie SA (Industrie du bois de Vielsalm & Cie SA)

Original defendant: Walloon Region

Questions referred

Must Article 7 of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC, 2 in conjunction if appropriate with Articles 2 and 4 of Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market  and with Article 22 of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC,  be interpreted, in the light of the general principle of equal treatment, of Article 6 of the Treaty on European Union and of Articles 20 and 21 of the Charter of Fundamental Rights of the European Union,

(a) as applying only to high-efficiency cogeneration plants, within the meaning of Annex III to the directive;

(b) as requiring, permitting or prohibiting the availability of a support measure of the kind contained in Article 38(3) of the Walloon Region Decree of 12 April 2001 on the organisation of the regional electricity market to all cogeneration plants principally exploiting biomass and meeting the conditions laid down by that article, with the exception of cogeneration plants principally exploiting wood or wood waste?

Would the answer be different if the cogeneration plant principally exploits only wood or, on the contrary, only wood waste?


1 - OJ L 52, p. 50.

2 - OJ L 283, p. 33.

3 - OJ L 140, p. 16.