Judgment of the General Court of 26 September 2014 — Molda v Commission
(Case T-629/13) 1
(Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures presented by Germany — Clause relating to extremely difficult cases — Freedom to a professional activity and to conduct a business — Right to property — Proportionality)
Language of the case: German
Parties
Applicant: Molda AG (Dahlenburg, Germany) (represented by: I. Zenke, M. Y. Vollmer, C. Telschow and A. Schulze, lawyers)
Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, acting as Agents)
Re:
Application for annulment of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27) in so far as Article 1(1) thereof rejects granting the applicant the supplementary quotas requested for the third trading period of the 2013 to 2020 emissions trading on the basis of the hardship clause under Paragraph 9(5) of the Treibhausgas-Emissionshandelsgesetz (German Law on Greenhouse Gas Emissions Trading) of 21 July 2011.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Molda AG to pay the costs.
________________________1 OJ C 31, 1.2.2014.