(Reference for a preliminary ruling– Scheme for greenhouse gas emission allowance trading– Directive 2003/87/EC– Article3e– Inclusion of aviation activities– Directive 2008/101

19Paragraph2, entitled ‘Scope’, of the Treibhausgas-Emissionshandelsgesetz (Law on greenhouse gas emissions trading) of 21July 2011 (BGBl. 2011I, p.1475), in the version applicable to the main proceedings (‘the TEHG’), provides, in subparagraph6 thereof:

‘With respect to aviation activities, the scope of this Law extends to all emissions from an aircraft that result from fuel consumption.… This Law applies only to aviation activities conducted:

1.by aircraft operators which hold a German operating licence…; or

2.by aircraft operators which have been allocated Germany as the administering Member State… and which do not hold a valid operating licence issued by another [EEA State].

…’

20Paragraph9 of the TEHG, entitled ‘Allocation of emission allowances free of charge to operators of installations’, provides, in subparagraph6 thereof:

‘The allocation decision shall be withdrawn if, as a result of a legal act of the European Union, it has to be amended retrospectively.…’

21Paragraph11 of the TEHG, entitled ‘General allocation of allowances to aircraft operators free of charge’, provides:

‘(1)The aircraft operator shall be allocated a number of aviation allowances free of charge for a trading period which corresponds to the product of the transport performance in the base year… and the benchmark which is calculated in accordance with… Directive 2003/87.

…

(6)The competent authority shall allocate allowances free of charge within three months of the date of publication by the [Commission] of the benchmark pursuant to Article3e(3) of Directive 2003/87.…’