Case T-27/07: Order of the Court of First Instance of 1 October 2007 — U.S. Steel Košice v Commission (Action for annulment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — National allocation plan for emission allowances for Slovakia in respect of the period from 2008 to 2012 — Commission rejection decision — Lack of direct concern — Inadmissibility)
Date: 2007-12-08
Institutions: Court of First Instance
Subjects: EU environmental policy, European Commission, Slovakia, action for annulment (EU), greenhouse gas, reduction of gas emissions, tradeable emission permit

C 297/42

EN

Official Journal of the European Union

8.12.2007

Order of the Court of First Instance of 1 October 2007 —
U.S. Steel Košice v Commission

Action brought on 26 September 2007 — Germany v
Commission

(Case T-27/07) (1)

(Action for annulment — Directive 2003/87/EC — Scheme
for greenhouse gas emission allowance trading — National
allocation plan for emission allowances for Slovakia in respect
of the period from 2008 to 2012 — Commission rejection
decision — Lack of direct concern — Inadmissibility)

(Case T-376/07)

(2007/C 297/86)

Language of the case: German

(2007/C 297/85)

Language of the case: English

Parties

Applicant: Republic of Germany (represented by: M. Lumma and
J. Möller)

Parties

Defendant: Commission of the European Communities

Applicant: U.S. Steel Košice s.r.o. (Košice, Slovakia) (represented
by: E. Vermulst, Lawyer, and C. Thomas, Solicitor)

Form of order sought

Defendant: Commission of the European Communities (repre-
sented by: D. Lawunmi and U. Wölker, Agents)

Re:

— annul Commission Decision C(2007) 3226 of 18 July 2007
concerning an order to provide information in relation to
MX 19/2006 — Monitoring of State aid scheme XS 24/2002
— Financing of business start-ups and growth (‘GuW’) —
Germany and MX 9/2006 — Monitoring of State aid
scheme XS 29/2002 — Guidelines for implementing the
Bavarian regional
and
aid programme
commerce — Germany;

industry

for

Annulment of
the Commission's Decision of 29 November
2006 on the national allocation plan for the allocation of emis-
sions allowances for greenhouse gases notified by the Slovak
Republic for the period from 2008 to 2012, in accordance with
Directive 2003/87/EC of the European Parliament and of the
Council (OJ 2003 L 275, p. 32).

— order the defendant to pay the costs.

Pleas in law and main arguments

Operative part of the order

1. The action is dismissed as inadmissible.

2. U.S. Steel Košice s.r.o shall pay the costs.

(1) OJ C 69, 24.3.2007.

The applicant seeks the annulment of Commission Decision
C(2007) 3226 final of 18 July 2007 concerning an order to
provide information pursuant to Article 9 of Regulation (EC)
No 70/2001 (1) in relation to State aid schemes XS 24/2002
and XS 29/2002.

In support of its application, the applicant submits first that the
contested decision infringes Regulation (EC) No 994/98 (2). The
applicant submits in this regard that by making this request for
information, the Commission is carrying out an ex-post control
without cause. According to the applicant, that control goes
beyond the authority which Regulation No 994/98 confers on
the defendant, which provides that the Commission has the
right
it harbours doubts
concerning the proper implementation of a group exemption
regulation.

information only if

to request