Case T-387/04: Order of the Court of First Instance of 30 April 2007 — EnBW Energie Baden-Württemberg v Commission (Annulment — Directive 2003/87/EC — Greenhouse gas emission allowance trading — National plan for allocation of emission quotas for Germany — State aid — Legal interest in bringing proceedings — Inadmissibility)
Date: 2007-06-23
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), energy industry, energy policy, greenhouse gas, trade restriction, tradeable emission permit

23.6.2007

EN

Official Journal of the European Union

C 140/23

Operative part of the order

3. The intervener shall bear its own costs.

1. The application is dismissed as inadmissible.

2. The applicant is ordered to bear its own costs and to pay those of

the Commission.

3. All the parties are ordered to bear their own costs relating to the

interventions.

(1) OJ C 6, 8.1.2005.

(1) OJ C 70, 22.3.2003.

Order of the Court of First Instance of 26 April 2007 —
Tebaldi and Others v Commission

(Case T-415/04) (1)

Order of the Court of First Instance of 30 April 2007 —
EnBW Energie Baden-Württemberg v Commission

(Civil Service — Officials — Promotion — Promotions proce-
dure 2003 — Refusal of promotion — Award of promotion
points — Manifestly inadmissible)

(Case T-387/04) (1)

(Annulment — Directive 2003/87/EC — Greenhouse gas
emission allowance trading — National plan for allocation of
emission quotas for Germany — State aid — Legal interest in
bringing proceedings — Inadmissibility)

(2007/C 140/39)

Language of the case: German

Parties

(2007/C 140/40)

Language of the case: French

Parties

Applicant:
Germany)
Gutermuth and M. Wissmann, lawyers)

EnBW Energie
(Karlsruhe,
(represented by: C.-D. Ehlermann, M. Seyfarth, A.

Baden-Württemberg

Defendant: Commission of the European Communities (repre-
sented by: U. Wölker, M. Niejahr and T. Scharf, acting as
Agents)

Intervener in support of the form of order sought by the defendant:
Federal Republic of Germany (represented by: W.-D. Plessing
and U. Forsthoff, Agents, and D. Sellner and U. Karpenstein,
lawyers)

Re:

Application for
annulment of Commission Decision C
(2004) 2515/2 final of 7 July 2004 on the national plan for the
allocation of greenhouse gas emission allowances, communi-
cated by Germany 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 allow-
ance trading within the Community and amending Council
Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

1. The application is dismissed as inadmissible;

2. The applicant shall bear its own costs and pay those of the defen-

dant;

Applicants: Vittoria Tebaldi
(Brussels, Belgium); Vicente Tejero
Gazo (Tervuren, Belgium); Victor Gonzalez Martinez (Brussels);
and Alessandro Giovannetti (Ernster, Luxembourg) (represented
initially by: G. Bounéou and F. Frabetti, lawyers; subsequently
by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Kramer, acting as Agents)

Re:

Application for annulment, principally, of the list of officials
promoted to a higher grade in the 2003 promotions procedure,
insofar as that list does not include the names of the applicants,
and of the preparatory measures for that decision and, by way
of an ancillary measure, annulment of the decision awarding
promotion points in the 2003 promotions procedure.

Operative part of the order

1. The application is dismissed as manifestly inadmissible;

2. Each party shall bear its own costs.

(1) OJ C 300, 4.12.2004.