CELEX: C2006/331/06
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-413/04: Judgment of the Court (Grand Chamber) of 28 November 2006 — European Parliament v Commission of the European Communities (Directive 2003/54/EC — Common rules for the internal market in electricity — Directive 2004/85/EC — Temporary derogations in favour of Estonia — Legal basis)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/4
            
         Judgment of the Court (Grand Chamber) of 28 November 2006 — European Parliament v Commission of the European Communities
   (Case C-413/04) (1)
   
   (Directive 2003/54/EC - Common rules for the internal market in electricity - Directive 2004/85/EC - Temporary derogations in favour of Estonia - Legal basis)
   (2006/C 331/06)
   Language of the case: French
   Parties
   
      Applicant: European Parliament (represented by A. Baas and U. Rösslein, agents)
   
      Defendant: Council of the European Union, (represented by A. Lopes Sabino and M. Bishop)
   
      Intervener in support of the applicant: Commission of the European Communities (represented by: J. Sack and P. Van Nuffel, agents)
   
      Intervener in support of the defendant: Republic of Estonia, (represented by L. Uibo, agent), Republic of Poland, (represented by M. Węglarz, T. Nowakowski and T. Krawczyk, agents)
   Re:
   Annulment of Council Directive 2004/85/EC of 28 June 2004 amending Directive 2003/54/EC of the European Parliament and of the Council as regards the application of certain provisions to Estonia (OJ 2004 L 236, p. 10) — Legal basis
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Annuls Council Directive 2004/85/EC of 28 June 2004 amending Directive 2003/54/EC of the European Parliament and of the Council as regards the application of certain provisions to Estonia, in so far as it grants Estonia a derogation from the application of Article 21(1)(b) and (c) of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC going beyond 31 December 2008 and imposes a corresponding obligation to ensure only a partial opening of the market representing 35 % of consumption on 1 January 2009 and an obligation to communicate annually the consumption thresholds extending eligibility to final customers;
            
         
               2)
            
            
               Dismisses the remainder of the action;
            
         
               3)
            
            
               Orders the Council of the European Union to pay the costs;
            
         
               4)
            
            
               Orders the Republic of Poland, the Republic of Estonia and the Commission of the European Communities to bear their own costs.
            
         
      (1)  OJ C 273, 6.11.2004.