Case T-198/07: Order of the Court of First Instance of 23 September 2008 — Cementownia Warta S.A. v Commission of the European Communities (Action for annulment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 — Decision by the Commission not to raise objections subject to certain conditions — Competence of Member States in the individual allocation of emission allowances — Lack of direct concern — Inadmissibility)
Date: 2008-09-23
Institutions: Court of First Instance
Subjects: European Commission, Poland, action for annulment (EU), greenhouse gas, reduction of gas emissions, tradeable emission permit

C 301/38

EN

Official Journal of the European Union

22.11.2008

Order of the Court of First Instance of 23 September 2008
the
— Cementownia ‘Warta’ S.A. v Commission of

Order of the Court of First Instance of 23 September 2008
— Cementownia ‘Odra’ v Commission

European Communities

(Case T-198/07) (1)

(Action for annulment — Directive 2003/87/EC — Scheme
for greenhouse gas emission allowance trading — National
allocation plan in respect of emission allowances for Poland
for the period from 2008 to 2012 — Decision by the
Commission not to raise objections subject to certain condi-
tions — Competence of Member States in the individual allo-
cation of emission allowances — Lack of direct concern —
Inadmissibility)

(Case T-199/07) (1)

(Action for annulment — Directive 2003/87/EC — Scheme
for greenhouse gas emission allowance trading — National
allocation plan in respect of emission allowances for Poland
for the period from 2008 to 2012 — Decision by the
Commission not to raise objections subject to certain condi-
tions — Competence of Member States in the individual allo-
cation of emission allowances — Lack of direct concern —
Inadmissibility)

(2008/C 301/64)

Language of the case: Polish

(2008/C 301/65)

Language of the case: Polish

Parties

Parties

Applicant: Cementownia ‘Warta’ S.A.
(represented by: P.K. Rosiak and F. Puel, lawyers)

(Trębaczewo, Poland)

Applicant: Cementownia ‘Odra’ S.A. (Opole, Poland) (represented
by: P.K. Rosiak and F. Puel, lawyers)

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

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

Re:

Re:

annulment

of Commission Decision
APPLICATION for
C(2007) 1295 final of 26 March 2007 concerning the national
allocation plan for the allocation of greenhouse gas emission
allowances notified by the Republic of Poland 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 greenhouse gas emission allow-
ance trading within the Community and amending Council
Directive 96/61/EC (OJ 2003 L 275, p. 32).

annulment

of Commission Decision
APPLICATION for
C(2007) 1295 final of 26 March 2007 concerning the national
allocation plan for the allocation of greenhouse gas emission
allowances notified by the Republic of Poland 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 greenhouse gas emission allow-
ance trading within the Community and amending Council
Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

Operative part of the order

1. The action is dismissed as inadmissible.

1. The action is dismissed as inadmissible.

2. Cementownia ‘Warta’ S.A. shall bear its own costs and pay those

2. Cementownia ‘Odra’ S.A. shall bear its own costs and pay those

of the Commission.

incurred by the Commission.

(1) OJ C 170, 21.7.2007.

(1) OJ C 170, 21.7.2007.