Language of document :

Order of the Court of First Instance of 30 April 2007 - EnBW Energie Baden-Württemberg v Commission

(Case T-387/04) 1

(Annulment - Directive 2003/87/EC - Greenhouse gas emission allowance trading - National plan for allocation of emission quotas for Germany - State aid - Legal interest in bringing proceedings - Inadmissibility)

Language of the case: German

Parties

Applicant: EnBW Energie Baden-Württemberg (Karlsruhe, Germany) (represented by: C.-D. Ehlermann, M. Seyfarth, A. Gutermuth and M. Wissmann, lawyers)

Defendant: Commission of the European Communities (represented by: U. Wölker, M. Niejahr and T. Scharf, acting as Agents)

Intervener in support of the form of order sought by the defendant: Federal Republic of Germany (represented by: W.-D. Plessing and U. Forsthoff, Agents, and D. Sellner and U. Karpenstein, lawyers)

Re:

Application for annulment of Commission Decision C (2004) 2515/2 final of 7 July 2004 on the national plan for the allocation of greenhouse gas emission allowances, communicated by 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).

Operative part of the order

1.    The application is dismissed as inadmissible;

2.    The applicant shall bear its own costs and pay those of the defendant;

3.    The intervener shall bear its own costs.

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1 - OJ C 6, 8.1.2005.