# C_2012151EN.01000202.xml

| 26.5.2012 | EN | Official Journal of the European Union | C 151/2 |
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26.5.2012

EN

Official Journal of the European Union

C 151/2

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Judgment of the Court (Second Chamber) of 29 March 2012 — European Commission v Republic of Estonia, Republic of Lithuania, Slovak Republic, United Kingdom of Great Britain and Northern Ireland

(Case C-505/09 P) (1)

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(Appeal - Environment - Directive 2003/87/EC - Greenhouse gas emission allowance trading scheme - National allocation plan for emission allowances for the Republic of Estonia for the period 2008 to 2012 - Respective competences of the Commission and the Member States - Article 9(1) and (3) and Article 11(2) of Directive 2003/87 - Equal treatment - Principle of sound administration)

2012/C 151/03

Language of the case: Estonian

Parties

Parties

Appellant: European Commission (represented by: E. Kružíková and E. Randvere and by E. White, acting as Agents)

Appellant:

Intervener in support of the Commission: Kingdom of Denmark (represented by C. Vang, acting as Agent)

Intervener in support of the Commission:

Other parties to the proceedings: Republic of Estonia (represented by: L. Uibo and M. Linntam, acting as Agents), Republic of Lithuania, Slovak Republic, United Kingdom of Great Britain and Northern Ireland

Other parties to the proceedings:

Interveners in support of the Republic of Estonia: Czech Republic (represented by M. Smolek, acting as Agent), Republic of Latvia (represented by K. Drēviņa and I. Kalniņš, acting as Agents)

Interveners in support of the Republic of Estonia:

Re:

Re:

Appeal against the judgment of the General Court (Seventh Chamber) of 23 September 2009 in Case T-263/07 Estonia v Commission by which the Court annulled the Commission’s decision of 4 May 2007 concerning the national greenhouse gas allocation plan notified by the Republic of Estonia for the period from 2008 to 2012, in accordance with 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) — Error of law in examining the admissibility of the application for annulment — Misinterpretation of Articles 9(1) and (3) and 11(2) of Directive 2003/87/EC and the general principle of equal treatment — Misinterpretation of the scope and extent of the principle of sound administration — Erroneous classification of the provisions of the contested decision as not separable, leading to the total rather than partial annulment of that decision

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
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1.

Dismisses the appeal;

| 2. | Orders the European Commission to pay the costs; |
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2.

Orders the European Commission to pay the costs;

| 3. | Orders the Czech Republic, the Kingdom of Denmark and the Republic of Latvia to bear their own costs. |
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3.

Orders the Czech Republic, the Kingdom of Denmark and the Republic of Latvia to bear their own costs.

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(1)  OJ C 63, 13.3.2010.

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