Case C-505/09 P: Judgment of the Court (Second Chamber) of 29 March 2012 — European Commission v Republic of Estonia, Republic of Lithuania, Slovak Republic, United Kingdom of Great Britain and Northern Ireland (Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Estonia for the period 2008 to 2012 — Respective competences of the Commission and the Member States — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Equal treatment — Principle of sound administration)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: EU law - national law, equal treatment, greenhouse gas, reduction of gas emissions, tradeable emission permit








C_2012151EN.01000202.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/2





Judgment of the Court (Second Chamber) of 29 March 2012 — European Commission v Republic of Estonia, Republic of Lithuania, Slovak Republic, United Kingdom of Great Britain and Northern Ireland
(Case C-505/09 P) (1)

(Appeal - Environment - Directive 2003/87/EC - Greenhouse gas emission allowance trading scheme - National allocation plan for emission allowances for the Republic of Estonia for the period 2008 to 2012 - Respective competences of the Commission and the Member States - Article 9(1) and (3) and Article 11(2) of Directive 2003/87 - Equal treatment - Principle of sound administration)
2012/C 151/03
Language of the case: Estonian

Parties


Appellant: European Commission (represented by: E. Kružíková and E. Randvere and by E. White, acting as Agents)

Intervener in support of the Commission: Kingdom of Denmark (represented by C. Vang, acting as Agent)

Other parties to the proceedings: Republic of Estonia (represented by: L. Uibo and M. Linntam, acting as Agents), Republic of Lithuania, Slovak Republic, United Kingdom of Great Britain and Northern Ireland

Interveners in support of the Republic of Estonia: Czech Republic (represented by M. Smolek, acting as Agent), Republic of Latvia (represented by K. Drēviņa and I. Kalniņš, acting as Agents)

Re:

Appeal against the judgment of the General Court (Seventh Chamber) of 23 September 2009 in Case T-263/07 Estonia v Commission by which the Court annulled the Commission’s decision of 4 May 2007 concerning the national greenhouse gas allocation plan notified by the Republic of Estonia 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 allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32) — Error of law in examining the admissibility of the application for annulment — Misinterpretation of Articles 9(1) and (3) and 11(2) of Directive 2003/87/EC and the general principle of equal treatment — Misinterpretation of the scope and extent of the principle of sound administration — Erroneous classification of the provisions of the contested decision as not separable, leading to the total rather than partial annulment of that decision

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the European Commission to pay the costs;










3.


Orders the Czech Republic, the Kingdom of Denmark and the Republic of Latvia to bear their own costs.






(1)  OJ C 63, 13.3.2010.