Case T-263/07: Action brought on 17 July 2007 — Estonia v Commission
Date: 2007-09-22
Institutions: Court of First Instance
Subjects: EU environmental policy, Estonia, European Commission, action for annulment (EU), air quality, greenhouse gas, pollution control measures, reduction of gas emissions, tradeable emission permit

C 223/12

EN

Official Journal of the European Union

22.9.2007

3. The restriction contained in part A of the Specific Provisions of the
Annex to Directive 2006/133 on the types of crops on which the
use of flusilazole may be authorised by the Member States, namely
is
cereals other
suspended until judgment is delivered in the main proceedings;

than rice, oilseed rape, maize and sugar beet,

4. Costs are reserved.

Action brought on 17 July 2007 — Estonia v Commission

(Case T-263/07)

(2007/C 223/17)

Language of the case: Estonian

Parties

Applicant: Republic of Estonia (represented by Lembit Uibo,
Agent)

Defendant: Commission of the European Communities

Form of order sought

the decision of

the Commission of

Annul
the European
Communities of 4 May 2007 concerning the national green-
house gas allocation plan submitted by Estonia in accordance
with Directive 2003/87/EC of the European Parliament and of
the Council (1)

— Infringement of Article 175(2)(c) EC,

the
EC Treaty the Commission does not have competence to
adopt measures which significantly affect a Member State's
choice between different energy sources and the general
structure of its energy supply;

since under

— Breach of the principle of good administration, since the
Commission did not take account when taking its decision
of all the essential circumstances present in the individual
case and did not verify whether all the assumptions made
when taking its decision were correct;

— Breach of the obligation to state reasons.

(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 9 July 2007 — Italian Republic v
Commission

(Case T-267/07)

(2007/C 223/18)

Language of the case: Italian

Parties

Applicant:
Fiorentino, Avvocati dello Stato)

Italian Republic (represented by: G. Aiello and S.

Pleas in law and main arguments

Defendant: Commission of the European Communities

The Commission's decision of 4 May 2007 concerning the
national greenhouse gas allocation plan submitted by Estonia in
the European
accordance with Directive 2003/87/EC of
Parliament and of
the Council should be annulled on the
following grounds:

— Infringement of Article 9(1) and (3) and Article 11(2) of
Directive 2003/87/EC and the consequent exceeding of
competence;

— Manifest errors of assessment, since the Commission did not
take into account correct information available to it, but
relied on false assumptions which directly and essentially
affected the outcome of
the contested decision and the
determination of the overall amount of emission allowances;

Form of order sought

— annul Commission Decision C(2007) 1901 final of 27 April
2007 on the clearance of the accounts of the paying agen-
cies of Member States concerning expenditure financed by
the European Agricultural Guidance and Guarantee Fund
(EAGGF), Guarantee Section, for the 2006 financial year, in
so far as it charges to the Italian Republic, as provided for in
Article 32(5) of Regulation (EC) No 1290/2005, 50 % of
the financial consequences of the non-recovery of amounts
in the cases of irregularity or negligence under consideration
in the present application.