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)
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:
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;
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;
Orders the Commission to pay the costs.
____________1 - OJ C 284, 20.11.2004.