CELEX: 62007CA0405
Language: en
Date: 2008-11-06 00:00:00
Title: Case C-405/07 P: Judgment of the Court (Second Chamber) of 6 November 2008 — Kingdom of the Netherlands v Commission of the European Communities (Appeal — Article 95(5) EC — Directive 98/69/EC — Measures to be taken against air pollution by emissions from motor vehicles — Derogating national provision advancing the lowering of the Community limit on emissions of particulate matter produced by certain new diesel-powered vehicles — Commission's refusal — Specificity of the problem — Duties of care and to state reasons)

20.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 327/5
            
         Judgment of the Court (Second Chamber) of 6 November 2008 — Kingdom of the Netherlands v Commission of the European Communities
   (Case C-405/07 P) (1)
   
   (Appeal - Article 95(5) EC - Directive 98/69/EC - Measures to be taken against air pollution by emissions from motor vehicles - Derogating national provision advancing the lowering of the Community limit on emissions of particulate matter produced by certain new diesel-powered vehicles - Commission's refusal - Specificity of the problem - Duties of care and to state reasons)
   (2008/C 327/08)
   Language of the case: Dutch
   Parties
   
      Appellant: Kingdom of the Netherlands (represented by: D.J.M. de Grave and C.M. Wissels, acting as Agents)
   
      Other party to the proceedings: Commission of the European Communities (represented by: M. Patakia, H. van Vliet and A. Alcover San Pedro, acting as Agents)
   Re:
   Appeal against the judgment of 27 June 2007 of the Court of First Instance (Fourth Chamber) in Case T-182/06 Netherlands v Commission, by which it dismissed the application for annulment of Commission Decision 2006/372/EC of 3 May 2006 concerning draft national provisions notified by the Kingdom of the Netherlands under Article 95(5) EC laying down limits on the emissions of particulate matter by diesel-powered vehicles (OJ 2006 L 142, p. 16)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the judgment of 27 June 2007 of the Court of First Instance of the European Communities in Kingdom of the Netherlands v Commission (T-182/06);
            
         
               2.
            
            
               Annuls Commission Decision 2006/372/EC of 3 May 2006 concerning draft national provisions notified by the Kingdom of the Netherlands under Article 95(5) EC laying down limits on the emissions of particulate matter by diesel-powered vehicles;
            
         
               3.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 269, 10.11.2007.