CELEX: 62004TA0016
Language: en
Date: 2010-03-02 00:00:00
Title: Case T-16/04: Judgment of the General Court of 2 March 2010 — Arcelor v Parliament and Council (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Action for annulment — Lack of direct and individual concern — Action for damages — Admissibility — Sufficiently serious breach of a higher-ranking rule of law conferring rights on individuals — Right to property — Freedom to pursue a trade or profession — Proportionality — Equal treatment — Freedom of establishment — Legal certainty)

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/35
            
         Judgment of the General Court of 2 March 2010 — Arcelor v Parliament and Council
   (Case T-16/04) (1)
   
   (Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Action for annulment - Lack of direct and individual concern - Action for damages - Admissibility - Sufficiently serious breach of a higher-ranking rule of law conferring rights on individuals - Right to property - Freedom to pursue a trade or profession - Proportionality - Equal treatment - Freedom of establishment - Legal certainty)
   2010/C 100/52
   Language of the case: English
   
      Parties
   
   
      Applicant: Arcelor SA (Luxembourg, Luxembourg) (represented by: W. Deselaers, B. Meyring and B. Schmitt-Rady and subsequently by W. Deselaers and B. Meyring, lawyers,)
   
      Defendants: European Parliament (represented by: K. Bradley and M. Moore and subsequently by L. Visaggio and I. Anagnostopoulou, Agents) and Council of the European Union (represented by: B. Hoff-Nielsen and M. Bishop, subsequently by E. Karlsson and A. Westerhof Löfflerova and subsequently by A. Westerhof Löfflerova and K. Michoel, Agents)
   
      Intervener in support of the defendants: European Commission (represented by: U. Wölker, Agent)
   
      Re:
   
   Partial annulment of 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), and compensation for the damage allegedly suffered by the applicant in consequence of the adoption of that directive
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Arcelor SA to bear its own costs and those incurred by the European Parliament and the Council of the European Union;
            
         
               3.
            
            
               Orders the European Commission to bear its own costs.
            
         
      (1)  OJ C 71, 20.3.2004.