Case T-199/07: Action brought on 5 June 2007 — Cementownia Odra 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

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

C 170/40

EN

Official Journal of the European Union

21.7.2007

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 — Cemex Polska v
Commission

(Case T-203/07)

(2007/C 170/76)

Language of the case: Polish

Parties

Applicant: Cemex Polska sp. z o. o. (represented by: F. Puel and
M. Szpunar, lawyers)

Action brought on 4 June 2007 — Italy v Commission

(Case T-204/07)

(2007/C 170/77)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: Paolo Gentili, Avvo-
cato dello Stato)

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;

— order the Commission to pay the costs.

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

— annul Memorandum No 03059 of 26 March 2007 of the
European Commission, Directorate General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands, concerning POR
Sardegna 2000-20006 (No CCI 1999 IT 16 1PO 010) —
Payments made by the Commission which differ from the
amount requested;

— annul Memorandum No 04718 of 14 May 2007 of the
European Commission, Directorate General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands, concerning POR
Sardegna 2000-2006 (No CCI 1999 IT 16 1PO 010) —
Payments made by the Commission which differ from the
amount requested;

— annul all connected and prior acts and, consequently, order
the Commission of the European Communities to pay the
costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those
relied on in Case T-345/04 Italian Republic v Commission (1).

(1) OJ C 262, 23.10.2004, p. 55.