Case C-503/07 P: Order of the Court of 8 April 2008 — Saint-Gobain Glass Deutschland GmbH v Fels-Werke GmbH, Spenner-Zement GmbH & Co KG, Commission of the European Communities (Appeal — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Integrated pollution prevention and reduction — Federal Republic of Germany — Allocation of allowances — Period 2008-2012 — Conditions — Individual concern — Inadmissibility — Right to be heard by a court — Right to a fair hearing)
Date: 2008-04-08
Institutions: Court of Justice
Subjects: EU environmental policy, European Commission, Germany, action for annulment (EU), greenhouse gas, reduction of gas emissions, tradeable emission permit

C 142/10

EN

Official Journal of the European Union

7.6.2008

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, acting as Agent, and P. Kinsch, avocat)

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 28 EC –National rule making the registration of
second-hand vehicles which have previously been registered in
another Member State subject to the submission of an excerpt
from the entry on the commercial register of the vehicle's seller,
whereas vehicles previously registered in Luxembourg are not
subject to such a requirement — Obstacle to the free movement
of goods — Lack of justification and proportionality

Operative part of the judgment

The Court:

1. Declares that, by requiring, in accordance with the practice in issue,
for the purposes of the registration of vehicles in Luxembourg, the
submission of an excerpt from the commercial register or a compar-
able document proving that the seller of the vehicle is registered as
a dealer, except for the dealers on the register of the Société Natio-
nale de Contrôle Technique, the Grand Duchy of Luxembourg has
failed to fulfil its obligations under Article 28 EC;

2. orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 211, 8.9.2007.

Order of the Court of 8 April 2008 — Saint-Gobain Glass
Deutschland GmbH v Fels-Werke GmbH, Spenner-Zement
the European
GmbH & Co KG, Commission of

Communities

(Case C-503/07 P) (1)

(Appeal — Directive 2003/87/EC — Scheme for greenhouse
gas emission allowance trading — Integrated pollution preven-
tion and reduction — Federal Republic of Germany — Alloca-
tion of allowances — Period 2008-2012 — Conditions —
Individual concern — Inadmissibility — Right to be heard by
a court — Right to a fair hearing)

(2008/C 142/15)

Language of the case: German

Appeal brought against the Order of the Court of First Instance
(Third Chamber) of 11 September 2007 in Case T-28/07
Fels-Werke and Others v Commission, by which the Court
dismissed as inadmissible the action seeking partial annulment
of the Commission Decision of 29 November 2006 concerning
the national allocation plan for the allocation of greenhouse gas
emission allowances notified by the Federal Republic of
Germany for the period from 2008 to 2012 in accordance with
Directive 2003/87/EC of the European Parliament and of the
Council of 13 October 2003 establishing a scheme for green-
house gas emission allowance trading within the Community
and amending Council Directive 96/61/EC (OJ 2003 L 275,
p. 32) — Requirement to be individually concerned by the
contested decision — Right to be heard by a court and right to
a fair hearing

Operative part of the order

1. The appeal is dismissed.

2. Saint-Gobain Glass Deutschland GmbH is ordered to pay the costs.

(1) OJ C 64, 8.3.2008.

Appeal brought on 28 February 2008 by K & L Ruppert
Stiftung & Co. Handels-KG against the judgment of the
Court of First Instance (Second Chamber) delivered on
12 December 2007 in Case T-86/05 K & L Ruppert Stiftung
& Co. Handels-KG v Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case C-90/08 P)

(2008/C 142/16)

Language of the case: German

Parties

Appellant(s): K & L Ruppert Stiftung & Co. Handels-KG (repre-
sented by: D. Spohn, Rechtsanwältin)

Other party/parties to the proceedings: 1. Office for Harmonisation
in the Internal Market (Trade Marks and Designs), 2. Natália
Cristina Lopes de Almeida Cunha, 3. Cláudia Couto Simões,
4. Marly Lima Jatobá

Parties

Form of order sought

Appellant: Saint-Gobain Glass Deutschland GmbH (represented
by: H. Posser and S. Altenschmidt, Rechtsanwälte)

Other parties
Zement GmbH & Co KG, Commission of
Communities (represented by: U. Wölker, Agent)

to the proceedings: Fels-Werke GmbH, Spenner-
the European

the judgment of

— Annulment of the whole of paragraph 1 of the operative
part of
Instance of
12 December 2007 in Case T-86/05 and annulment of para-
graph 2 of the operative part of that judgment so as to
order OHIM to pay all its own costs and all the applicant's
costs;

the Court of First