Action brought on 22 December 2007 - Romania v Commission of the European Communities
(Case T-484/07)
Language of the case: Romanian
Parties
Applicant: Romania (represented by: Aurel Ciobanu-Dordea, Agent, Emilia Gane and Dumitra Mereuță, Advisers)
Defendant: Commission of the European Communities
Forms of order sought
The applicant claims that the Court of First Instance should:
Annul the Commission's decision (C(2007) 5253 final) of 26 October 2007 concerning the national allocation plan for greenhouse gas emission certificates for the period 2008-2012, notified by Romania pursuant to Directive 2003/87/EC of the European Parliament and of the Council;
Order the Commission of the European Communities to pay the costs of the proceedings.
Pleas in law and main arguments
By the contested decision, the Commission rejected in part the national allocation plan for greenhouse gas emission certificates for the period 2008-2012, notified by Romania pursuant to Directive 2003/87/EC,
1 reducing by 19,754248 million tonnes of CO2, equivalent per year the overall number of certificates that will be allocated for the Community scheme and establishing that the average overall annual volume covered by the emission quotas that may be allocated will not exceed 75,944352 million tonnes.
In support of its action, the applicant submits as follows:
the Commission has failed to comply with Article 9(1) and (3) and Article 11(2) of Directive 2003/87/EC, in that it has established, with binding force, on the basis of a method of its own, the overall volume of the emission quotas that can be allocated by Romania, thus encroaching upon the latter's sphere of competence;
the Commission has applied a method wholly lacking in transparency for the purposes of determining the overall volumes of the emission quotas, thus infringing not only Article 9(1) of Directive 2003/87/EC, but also Article 9(3) thereof;
in applying its own system, the Commission has infringed the principle of non-discrimination;
the Commission has failed to comply with Article 9(3) of Directive 2003/87/EC and Article 253 EC, in that it has failed to give adequate reasons for decision C(2007) 5253 final.
____________1 - 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).