Case T-196/07: Order of the Court of First Instance of 23 September 2008 — Dyckerhoff Polska v Commission (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

22.11.2008

EN

Official Journal of the European Union

C 301/37

Order of the Court of First Instance of 23 September 2008
— Dyckerhoff Polska v Commission

Order of the Court of First Instance of 23 September 2008
— Grupa Ożarów v Commision

(Case T-196/07) (1)

(Case T-197/07) (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)

(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 301/62)

(2008/C 301/63)

Language of the case: Polish

Language of the case: Polish

Parties

Parties

Applicant: Dyckerhoff Polska sp. z o.o.
Poland) (represented by: P.K. Rosiak and F. Puel, lawyers)

(Sitkówka-Nowiny,

Applicant: Grupa Ożarów S.A. (Karsy, 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: Commision of
sented by: U. Wölker and K. Herrmann)

the European Communities (repre-

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. Dyckerhoff Polska sp. z o.o. shall bear its own costs and pay those

2. Grupa Ożarów S.A. shall bear its own costs and pay those incurred

incurred by the Commission.

by the Commission.

(1) OJ C 170, 21.7.2007.

(1) OJ C 170, 21.7.2007.