Judgment — ECLI:EU:C:2009:218
Date: 2009-04-02
Language of the case: English
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General;Appeals;Environment;Pleas in law
Procedure: Action for annulment;Appeal - unfounded
Origin: Belgium

Judgment of the Court (Sixth Chamber) of 2 April 2009 – Mebrom v Commission (Case C‑373/07 P) Appeal – Protection of the ozone layer – Import of methyl bromide into the Union – Refusal to allocate import quotas for 2005 – Legitimate expectations – Legal certainty 1. Environment – Protection of the ozone layer – Regulation No 2037/2000 on substances that deplete the ozone layer (European Parliament and Council Regulation No 2037/2000, Arts 3, 4, 6 and 7) (see paras 52-60) 2. Actions for annulment – Grounds (Art. 230 EC) (see paras 72-73) 3. Procedure – Distinction between matters of evidence and law (see para. 80) 4. Appeals – Grounds – Inadequate or contradictory grounds – Admissibility (see paras 85, 106) 5. Appeals – Grounds (see paras 86, 91-95, 99-102) Re: Appeal against the judgment of the Court of First Instance (Second Chamber) of 22 May 2007 in Case T-216/05 Mebrom v Commission , by which that Court dismissed as unfounded an action for annulment of Decision A(05) 4338-D/6176 of the Commission of 11 April 2005 refusing to allocate to the appellant quotas for the import of methyl bromide into the European Union in accordance with Articles 6 and 7 of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ 2000 L 244, p. 1) – Incorrect application of Community law – Inadequate reasoning – Breach of Article 220 EC. Operative part The Court: 1. Dismisses the appeal; 2. Orders Mebrom NV to pay the costs.