Case T-183/07: Judgment of the Court of First Instance of 23 September 2009 — Poland v Commission (Environment — Directive 2003/87/EC — Emissions trading system for greenhouse gas allowances — National allocation plan for emission allowances for Poland for the period from 2008 to 2012 — Three month time-limit — Respective powers of the Member States and the Commission — Equal treatment — Duty to state reasons — 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, European Commission, Poland, action for annulment (EU), greenhouse gas, reduction of gas emissions, tradeable emission permit








C_2009267EN.01005801.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/58





Judgment of the Court of First Instance of 23 September 2009 — Poland v Commission
(Case T-183/07) (1)

(Environment - Directive 2003/87/EC - Emissions trading system for greenhouse gas allowances - National allocation plan for emission allowances for Poland for the period from 2008 to 2012 - Three month time-limit - Respective powers of the Member States and the Commission - Equal treatment - Duty to state reasons - Article 9(1) and (3) and Article 11(2) of Directive 2003/87)
2009/C 267/100
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented initially by: E. Ośniecka-Tamecka, then by T. Nowakowski, then by T. Kozek, then by M. Dowgielewicz, and finally by M. Dowgielewicz, M. Jarosz and M. Nowacki, acting as Agents)

Defendant: Commission of the European Communities (represented by: U. Wölker and K. Herrmann, acting as Agents)

Interveners in support of the applicant: Republic of Hungary (represented by: J. Fazekas, R. Somssich and M. Fehér, acting as Agents); Republic of Lithuania (represented by: D. Kriaučiūnas, acting as Agent); and the Slovak Republic (represented by: J. Čorba and B. Ricziová, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: Z. Bryanston-Cross and C. Gibbs, acting as Agents, assisted by H. Mercer, Barrister, then by I. Rao and S. Ossowski, acting as Agents, assisted by J. Maurici, Barrister)

Re:

Application for the annulment, in whole or in part of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by Poland 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 Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by Poland 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;










2.


Orders the Commission to pay, in addition to its own costs, those incurred by the Republic of Poland;










3.


Orders the Republic of Hungary, 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 155, 7.7.2007.