Case C-19/08: Reference for a preliminary ruling from the Kammarrätten i Stockholm (Sweden) lodged on 21 January 2008 — Migrationsverket v Edgar Petrosian, Nelli Petrosian, Svetlana Petrosian, David Petrosian, Maxime Petrosian
Date: 2008-01-21
Institutions: Court of Justice
Subjects: Sweden, interpretation of the law, right of asylum, third country

C 64/30

EN

Official Journal of the European Union

8.3.2008

Form of order sought

The applicant claims that the Court should:

In short, the appellant maintains that it is directly concerned by
the contested decision which rejected a formal plan to grant
emissions allowances to the appellant,
inevitably reduced the
allowances that the appellant would be allocated, and indeed
explicitly required those allowances to be reduced.

— annul the order of the Court of First Instance of 1 October
2007 in Case T-27/07 U.S. Steel Košice, s.r.o. v. Commis-
sion

— refer the case back to the Court of First Instance for judg-

ment on the substance;

— order the Commission to pay the appellant's costs

Pleas in law and main arguments

The appellant submits that the appeal is based on errors of law
committed by the Court of First Instance in relation to its appli-
cation of the principles guiding the admissibility of actions and
in the interpretation of Directive 2003/87 (1), as well as the
distortion (denaturation) of the contested decision by the Court.

1. The Court of First Instance wrongly failed to recognise that
the contested decision rejected the plan of
the Slovak
Government to grant a specified amount of allowances to
the appellant.

(1) Directive 2003/87/EC of

the European Parliament and 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 (Text with EEA relevance) (OJ L 275,
p. 32).

Reference for a preliminary ruling from the Kammarrätten
lodged on 21 January 2008 —
i Stockholm (Sweden)
Migrationsverket v Edgar Petrosian, Nelli Petrosian,
Svetlana Petrosian, David Petrosian, Maxime Petrosian

(Case C-19/08)

(2008/C 64/43)

Language of the case: Swedish

Referring court

Kammarrätten i Stockholm

Parties to the main proceedings

Applicant: Migrationsverket

2. The Court of First Instance wrongly failed to recognise that
the contested decision inevitably led to and indeed explicitly
required a reduction in the appellant's allowances.

Defendants: Edgar Petrosian, Nelli Petrosian, Svetlana Petrosian,
David Petrosian, Maxime Petrosian

3. The Court of First Instance wrongly failed to recognise the
procedural similarity of the contested decision with a State
aid or merger control decision;

Question referred

— the

fundamental

the procedure under
Article 9(3) of Directive 2003/87 are similar to State aid
and merger control;

aspects of

Are Article 20(1)(d) and Article 20(2) of Council Regulation
(EC) No 343/2003 (the Dublin Regulation) (1) to be interpreted
as meaning that responsibility for the examination of an appli-
cation for asylum passes to the Member State where the applica-
tion was lodged if the transfer is not carried out within six
months after a temporary decision has been made to suspend
the transfer and irrespective of when the final decision is made
on whether the transfer is to be carried out?

— the contested decision in fact made a State aid appraisal

of the appellant's allowances.

(1) OJ L 50, 25.2.2003, p. 1.

4. The Court of First Instance wrongly identified a ‘discretion’

in the ‘implementation’ of the contested decision.