Order of the Court of First Instance (Second Chamber) of 23 September 2008 – Lafarge Cement v Commission

(Case T-195/07)

Action for annulment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 – Decision by the Commission not to raise objections subject to certain conditions – Competence of Member States in the individual allocation of emission allowances – Lack of direct concern – Inadmissibility

1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2)) (see paras 22, 28, 44-45)

2.                     Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87, Arts 9(3) and 11(1) and (2)) (see paras 32-39)

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 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).

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Lafarge Cement S.A. to bear its own costs and pay those incurred by the Commission