CELEX: C2007/315/64
Language: en
Date: 2007-12-22 00:00:00
Title: Case T-374/04: Judgment of the Court of First Instance of 7 November 2007 — Germany v Commission (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — German national allocation plan for emission allowances — Measures for the ex-post adjustment of the amount of allowances allocated to installations — Commission rejection decision — Equal treatment — Duty to state reasons)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/34
            
         Judgment of the Court of First Instance of 7 November 2007 — Germany v Commission
   (Case T-374/04) (1)
   
   (Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - German national allocation plan for emission allowances - Measures for the ex-post adjustment of the amount of allowances allocated to installations - Commission rejection decision - Equal treatment - Duty to state reasons)
   (2007/C 315/64)
   Language of the case: German
   Parties
   
      Applicant: Federal Republic of Germany (represented initially by C.D. Quassowski, A. Tiemann and C. Schulze-Bahr, and subsequently by C. Schulze-Bahr and M. Lumma, Agents, and by D. Sellner and U. Karpenstein, lawyers)
   
      Defendant: Commission of the European Communities (represented by: U. Wölker, Agent)
   Re:
   Application for partial annulment of Commission Decision C(2004) 2515/2 final of 7 July 2004 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany 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), in so far as in the decision the Commission rejects certain measures for the ex-post adjustment of allowances as incompatible with criteria 5 and 10 of Annex III to the directive.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls Article 1 of Commission Decision C(2004) 2515/2 final of 7 July 2004 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany 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;
            
         
               2.
            
            
               Annuls Article 2(a) to (c) of that decision in so far as it directs the Federal Republic of Germany, first, to omit the measures for ex-post adjustment which are referred to therein and, second, to notify the Commission of their omission;
            
         
               3.
            
            
               Orders the Commission to pay the costs.
            
         
      (1)  OJ C 284, 20.11.2004.