Case T-197/07: Action brought on 5 June 2007 — Grupa Ożarów v Commission
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: European Commission, Poland, action for annulment (EU), greenhouse gas, reduction of gas emissions, tradeable emission permit

C 170/38

EN

Official Journal of the European Union

21.7.2007

Finally, the applicant submits that the contested decision is not
adequately reasoned and for that reason infringes Article 253
EC.

The pleas in law and main arguments put forward by the appli-
cant are the same as those of the applicant in Case T-195/07.

(1) Directive 2003/87/EC 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 L 275, 25.10.2003, p. 32).

the European Parliament and of

(1) Directive 2003/87/EC 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 L 275, 25.10.2003, p. 32).

the European Parliament and of

Action brought on 5 June 2007 — Dyckerhoff Polska v
Commission

Action brought on 5 June 2007 — Grupa Ożarów v
Commission

(Case T-196/07)

(2007/C 170/72)

Language of the case: Polish

(Case T-197/07)

(2007/C 170/73)

Language of the case: Polish

Parties

Parties

Applicant: Dyckerhoff Polska sp. z o. o.
Rosiak, legal adviser, and F. Puel, lawyer)

(represented by: P.K.

Applicant: Grupa Ożarów SA (represented by: P.K. Rosiak, legal
adviser, and F. Puel, lawyer)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— annul

the Commission's decision of 26 March 2007
concerning the national allocation plan for greenhouse gas
emission allowances notified by Poland in accordance with
Directive 2003/87/EC of the European Parliament and of
the Council;

— annul

the Commission's decision of 26 March 2007
concerning the national allocation plan for greenhouse gas
emission allowances notified by Poland in accordance with
Directive 2003/87/EC of the European Parliament and of
the Council;

— order the Commission to pay the costs.

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

the Council (1),

The applicant seeks the annulment of Commission Decision
C(2007) 1295 final of 26 March 2007 concerning the national
allocation plan for greenhouse gas emission allowances notified
by Poland in accordance with Directive 2003/87/EC of
the
European Parliament and of
in which the
Commission decided that certain aspects of the Polish National
Allocation Plan for CO2 Emission Allowances for 2008-2012,
notified to the Commission on 30 June 2006, were not compa-
tible with Articles 9(1) and (3), 10 and 13(2) of and the criteria
set out
to Directive 2003/87/EC. The
decision in question reduces the carbon dioxide emission limit
in 2008-2012 by 26.7 % compared to the limit proposed by
Poland in the national allocation plan for emission allowances
notified to the Commission.

in Annex

III

the Council (1),

The applicant seeks the annulment of Commission Decision
C(2007) 1295 final of 26 March 2007 concerning the national
allocation plan for greenhouse gas emission allowances notified
by Poland in accordance with Directive 2003/87/EC of
the
European Parliament and of
in which the
Commission decided that certain aspects of the Polish National
Allocation Plan for CO2 Emission Allowances for 2008-2012,
notified to the Commission on 30 June 2006, were not compa-
tible with Articles 9(1) and (3), 10 and 13(2) of and the criteria
set out
to Directive 2003/87/EC. The
decision in question reduces the carbon dioxide emission limit
in 2008-2012 by 26.7 % compared to the limit proposed by
Poland in the national allocation plan for emission allowances
notified to the Commission.

in Annex

III

21.7.2007

EN

Official Journal of the European Union

C 170/39

The pleas in law and main arguments put forward by the appli-
cant are the same as those of the applicant in Case T-195/07.

The pleas in law and main arguments put forward by the appli-
cant are the same as those of the applicant in Case T-195/07.

(1) Directive 2003/87/EC 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 L 275, 25.10.2003, p. 32).

the European Parliament and of

(1) Directive 2003/87/EC 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 L 275, 25.10.2003, p. 32).

the European Parliament and of

Action brought on 5 June 2007 — Cementownia ‘Warta’ v
Commission

Action brought on 5 June 2007 — Cementownia ‘Odra’ v
Commission

(Case T-198/07)

(2007/C 170/74)

(Case T-199/07)

(2007/C 170/75)

Language of the case: Polish

Language of the case: Polish

Parties

Parties

Applicant: Cementownia ‘Warta’ SA (represented by: P.K. Rosiak,
legal adviser, and F. Puel, lawyer)

Applicant: Cementownia ‘Odra’ SA (represented by: P.K. Rosiak,
legal adviser, and F. Puel, lawyer)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— annul

the Commission's decision of 26 March 2007
concerning the national allocation plan for greenhouse gas
emission allowances notified by Poland in accordance with
Directive 2003/87/EC of the European Parliament and of
the Council;

— annul

the Commission's decision of 26 March 2007
concerning the national allocation plan for greenhouse gas
emission allowances notified by Poland in accordance with
Directive 2003/87/EC of the European Parliament and of
the Council;

— order the Commission to pay the costs.

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

the Council (1),

The applicant seeks the annulment of Commission Decision
C(2007) 1295 final of 26 March 2007 concerning the national
allocation plan for greenhouse gas emission allowances notified
by Poland in accordance with Directive 2003/87/EC of
the
European Parliament and of
in which the
Commission decided that certain aspects of the Polish National
Allocation Plan for CO2 Emission Allowances for 2008-2012,
notified to the Commission on 30 June 2006, were not compa-
tible with Articles 9(1) and (3), 10 and 13(2) of and the criteria
set out
to Directive 2003/87/EC. The
decision in question reduces the carbon dioxide emission limit
in 2008-2012 by 26.7 % compared to the limit proposed by
Poland in the national allocation plan for emission allowances
notified to the Commission.

in Annex

III

the Council (1),

The applicant seeks the annulment of Commission Decision
C(2007) 1295 final of 26 March 2007 concerning the national
allocation plan for greenhouse gas emission allowances notified
by Poland in accordance with Directive 2003/87/EC of
the
European Parliament and of
in which the
Commission decided that certain aspects of the Polish National
Allocation Plan for CO2 Emission Allowances for 2008-2012,
notified to the Commission on 30 June 2006, were not compa-
tible with Articles 9(1) and (3), 10 and 13(2) of and the criteria
set out
to Directive 2003/87/EC. The
decision in question reduces the carbon dioxide emission limit
in 2008-2012 by 26.7 % compared to the limit proposed by
Poland in the national allocation plan for emission allowances
notified to the Commission.

in Annex

III