Case T-263/07: Judgment of the Court of First Instance of 23 September 2009 — Estonia v Commission (Environment — Directive 2003/87/EC — Emissions trading system for greenhouse gases — National plan allocating emissions allowances for Estonia for the period from 2008 to 2012 — Respective powers of the Member States and the Commission — Equal treatment — Article 9(1) and (3) and Article 11(2) of Directive 2003/87)
Date: 2009-09-23
Institutions: Court of First Instance
Subjects: EU environmental policy, Estonia, European Commission, action for annulment (EU), air quality, greenhouse gas, pollution control measures, reduction of gas emissions, tradeable emission permit








C_2009267EN.01005901.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/59





Judgment of the Court of First Instance of 23 September 2009 — Estonia v Commission
(Case T-263/07) (1)

(Environment - Directive 2003/87/EC - Emissions trading system for greenhouse gases - National plan allocating emissions allowances for Estonia for the period from 2008 to 2012 - Respective powers of the Member States and the Commission - Equal treatment - Article 9(1) and (3) and Article 11(2) of Directive 2003/87)
2009/C 267/102
Language of the case: Estonian

Parties


Applicant: Republic of Estonia (represented by: L. Uibo, acting as Agent)

Defendant: Commission of the European Communities (represented by: U. Wölker and T. Tamme, lawyers)

Interveners in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, acting as Agent); and the Slovak Republic (represented initially by J. Čorba, and subsequently by B. Ricziová, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by: Z. Bryanston-Cross, subsequently by L. Seeboruth, and finally by S. Ossowski, acting as Agents, assisted by J. Maurici, barrister)

Re:

Application for the annulment of the Commission Decision of 4 May 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Estonia for the period from 2008 to 2012, in accordance with European Parliament and Council Directive 2003/87/EC 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).

Operative part of the judgment

The Court:






1.


Annuls the Commission Decision of 4 May 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Estonia for the period from 2008 to 2012, pursuant to European Parliament and Council Directive 2003/87/EC of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC.










2.


Orders the Commission to bear its own costs and to pay those incurred by the Republic of Estonia.










3.


Orders the Republic of Lithuania, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 223, 22.9.2007 (Correcting entry OJ C 247, 20.10.2007).