Case T-483/07: Action brought on 22 December 2007 — Romania v Commission of the European Communities
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: European Commission, Romania, action for annulment (EU), greenhouse gas, reduction of gas emissions, tradeable emission permit

C 51/56

EN

Official Journal of the European Union

23.2.2008

Action brought on 20 December 2007 — Nynäs Petroleum
and Nynas Petróleo v Commission

(Case T-482/07)

(2008/C 51/101)

Language of the case: English

(iii) Finally, the applicants contend that the Commission erred
in its assessment of the degree of involvement by Nynas in
aspects to the infringements and in setting the appropriate
level of the fine to be imposed on Nynas.

Action brought on 22 December 2007 — Romania v
Commission of the European Communities

Parties

Applicants: AB Nynäs Petroleum (Stockholm, Sweden) and
Nynas Petróleo, SA (Madrid, Spain) (represented by: D. Beard,
Barrister and M. Dean, Solicitor)

(Case T-483/07)

(2008/C 51/102)

Language of the case: Romanian

Defendant: Commission of the European Communities

Parties

Form of order sought

— Annulment of Article 1 of the decision insofar as it applies

to Nynas for the period 1991-1996;

— annulment of Article 1 of the decision insofar as it applies

to Nynas in respect of price coordination;

— annulment of Article 2 of the decision insofar as it imposes
fines
SA and
EUR 10 395 000 on AB Nynäs or, in the alternative, reduce
that fine as appropriate;

10 642 500

on Nynas

EUR

of

— order that the Commission pays the costs of the appeal.

Applicant: Romania (represented by: Aurel Ciobanu-Dordea,
Agent, Emilia Gane and Dumitra Mereuță, Advisers)

Defendant: Commission of the European Communities

Forms of order sought

The applicant claims that the Court of First Instance should:

— Annul the Commission's decision (C(2007) 5240 final) of
26 October 2007 concerning the national allocation plan
for greenhouse gas emission certificates for the year 2007,
notified by Romania pursuant to Directive 2003/87/EC of
the European Parliament and of the Council;

— Order the Commission of the European Communities to

pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

this application partial annulment

is sought,
By means of
pursuant
to Article 230 EC, of Commission Decision
C(2007) 4441 final of 3 October 2007 relating to a proceeding
under Article 81 EC (Case COMP/38.710 — Bitumen — Spain)
by which the Commission found that the applicants, Nynäs
Petroleum and Nynas Petróleo (together ‘Nynas’), among other
undertakings, participated in a set of agreements and concerted
practices in the penetration bitumen business which covered the
territory of Spain and which consisted in market sharing agree-
ments and price coordination; as well as/or reduction of the
fine imposed on the applicant, pursuant to Article 229 EC.

The grounds of the appeal are based on the following pleas:

(i) It is claimed that the Commission erred in its assessment of
the duration of the involvement of Nynas in the alleged
market allocation arrangements,
in particular, by holding
that Nynas has participated in the alleged infringement
between 1991 and 1996.

(ii) It is further submitted that the Commission erred in its
finding that Nynas were involved in the alleged pricing
infringements.

By the contested decision, the Commission rejected in part the
national allocation plan for greenhouse gas emission certificates
for the year 2007, notified by Romania pursuant to Directive
2003/87/EC (1), reducing by 9,080765 million tonnes of CO2,
equivalent per year the overall number of certificates that will
be allocated for the Community scheme and establishing that
the average overall annual volume covered by the emission
quotas that may be allocated will not exceed 74,836235 million
tonnes.

In support of its action, the applicant submits as follows:

— the Commission has failed to comply with Article 9(1) and
(3) and Article 11(1) of Directive 2003/87/EC, in that it has
established, with binding force, on the basis of a method of
its own, the overall volume of the emission quotas that can
be allocated by Romania, thus encroaching upon the latter's
sphere of competence;

— the Commission has applied a method wholly lacking in
transparency for the purposes of determining the overall
volumes of the emission quotas, thus infringing not only
Article 9(1) of Directive 2003/87/EC, but also Article 9(3)
thereof;

23.2.2008

EN

Official Journal of the European Union

C 51/57

— in applying its own method, the Commission has infringed

the principle of non-discrimination;

— the Commission has failed to comply with Article 9(3)
in that it
decision

of Directive 2003/87/EC and Article 253 EC,
has
for
C(2007) 5240 final.

adequate

reasons

failed

give

to

(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 2003 L 275, p. 32).

the European Parliament and of

— the Commission has applied a method wholly lacking in
transparency for the purposes of determining the overall
volumes of the emission quotas, thus infringing not only
Article 9(1) of Directive 2003/87/EC, but also Article 9(3)
thereof;

— in applying its own system, the Commission has infringed

the principle of non-discrimination;

— the Commission has failed to comply with Article 9(3)
in that it
decision

of Directive 2003/87/EC and Article 253 EC,
has
for
C(2007) 5253 final.

adequate

reasons

failed

give

to

(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 2003 L 275, p. 32).

the European Parliament and of

Action brought on 22 December 2007 — Romania v
Commission of the European Communities

(Case T-484/07)

(2008/C 51/103)

Language of the case: Romanian

Parties

Applicant: Romania (represented by: Aurel Ciobanu-Dordea,
Agent, Emilia Gane and Dumitra Mereuță, Advisers)

Defendant: Commission of the European Communities

Forms of order sought

The applicant claims that the Court of First Instance should:

— Annul the Commission's decision (C(2007) 5253 final) of
26 October 2007 concerning the national allocation plan
the period
for greenhouse gas emission certificates for
2008-2012, notified by Romania pursuant
to Directive
2003/87/EC of the European Parliament and of the Council;

— Order the Commission of the European Communities to

pay the costs of the proceedings.

Pleas in law and main arguments

By the contested decision, the Commission rejected in part the
national allocation plan for greenhouse gas emission certificates
for the period 2008-2012, notified by Romania pursuant to
Directive 2003/87/EC (1),
reducing by 19,754248 million
tonnes of CO2, equivalent per year the overall number of certifi-
cates that will be allocated for the Community scheme and
establishing that the average overall annual volume covered by
the emission quotas that may be allocated will not exceed
75,944352 million tonnes.

In support of its action, the applicant submits as follows:

— the Commission has failed to comply with Article 9(1) and
(3) and Article 11(2) of Directive 2003/87/EC, in that it has
established, with binding force, on the basis of a method of
its own, the overall volume of the emission quotas that can
be allocated by Romania, thus encroaching upon the latter's
sphere of competence;

Action brought on 21 December 2007 — Olive Line
International v OHIM — Knopf (o-live)

(Case T-485/07)

(2008/C 51/104)

Language in which the application was lodged: English

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (repre-
sented by: P. Koch Moreno, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Reinhard
Knopf (Malsch, Germany)

Form of order sought

— Declare that the decision dated 26 September 2007 of the
Second Board of Appeal of the OHIM dismissing the appeal
against the granting of Community trade mark No 3 219 193
does not comply with EC Regulation 40/94 on Community
trade marks;

— order that the costs of the proceedings be paid by the defen-

dant and, if appropriate, by the contributing party.

Pleas in law and main arguments

Applicant for the Community trade mark: Reinhard Knopf

Community trade mark concerned: The figurative mark ‘o-live’ for
goods in classes 29, 30, 31 and 33 — application No 3 219 193

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant