Case T-182/06: Judgment of the Court of First Instance of 27 June 2007 — Kingdom of the Netherlands v Commission (Approximation of laws — Derogating national provisions — Rejection by the Commission of a draft decree advancing the lowering of the Community limit on emissions of particulate matter produced by certain new diesel-powered vehicles — Duty of care and to state reasons — Specificity of the notifying Member State's problem in complying with the Community limits on concentrations of particulate matter in ambient air)
Date: 2007-08-04
Institutions: Court of First Instance
Subjects: EU law - national law, European Commission, Netherlands, action for annulment (EU), air quality, derogation from EU law, diesel engine, motor vehicle

C 183/32

EN

Official Journal of the European Union

4.8.2007

Judgment of the Court of First Instance of 19 June 2007 —
Asturias Cuerno v Commission

Judgment of the Court of First Instance of 27 June 2007 —
Kingdom of the Netherlands v Commission

(Case T-473/04) (1)

(Case T-182/06) (1)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Services carried out for an international organisation —
Installation allowance — Daily subsistence allowance)

(2007/C 183/62)

Language of the case: Spanish

(Approximation of laws — Derogating national provisions —
Rejection by the Commission of a draft decree advancing the
lowering of the Community limit on emissions of particulate
matter produced by certain new diesel-powered vehicles —
Duty of care and to state reasons — Specificity of the noti-
fying Member State's problem in complying with the
Community limits on concentrations of particulate matter in
ambient air)

Parties

Applicant: Cristina Asturias Cuerno (Brussels, Belgium) (repre-
sented by: R. García-Gallardo Gil-Fournier and A. Sayagués
Torres, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, acting as Agent, assisted by J. Rivas Andrés,
J. Gutiérrez Gisbert and M. Canal Fontcuberta, lawyers)

Re:

Application for annulment of
the Commission's decision of
25 August 2004 not to accept the applicant's complaint of
27 April 2004 and not to grant him the expatriation allowance
provided for in Article 4(1)(a) of Annex VII to the Staff Regula-
tions of Officials of the European Communities and the allow-
ances associated therewith.

Operative part of the judgment

The Court:

(2007/C 183/63)

Language of the case: Dutch

Parties

Applicant: Kingdom of
Sevenster and M. de Grave, Agents)

the Netherlands (represented by: H.

Defendant: Commission of the European Communities (repre-
sented by: M. Patakia, A. Alcover San Pedro and H. van Vliet,
Agents)

Re:

Annulment of Commission Decision 2006/372/EC of 3 May
2006 concerning draft national provisions notified by the
Kingdom of the Netherlands under Article 95(5) of the EC
Treaty laying down limits on the emissions of particulate matter
by diesel-powered vehicles (OJ 2006 L 142, p. 16)

1. Annuls the Commission's decisions of 28 January and 25 August

2004;

2. Declares that the applicant is entitled to the expatriation allowance
provided for by Article 4(1)(a) of Annex VII to the Staff Regula-
tions of Officials of the European Communities and the installation
allowance provided for by Article 5 of that Annex;

The Court:

Operative part of the judgment

3. Dismisses the remainder of the action;

4. Orders the Commission to pay the costs.

1. Dismisses the action;

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 45, 19.2.2005.

(1) OJ C 212, 2.9.2006.