Judgment of the General Court of 2 March 2010 - Arcelor v Parliament and Council
(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Action for annulment - Lack of direct and individual concern - Action for damages - Admissibility - Sufficiently serious breach of a higher-ranking rule of law conferring rights on individuals - Right to property - Freedom to pursue a trade or profession - Proportionality - Equal treatment - Freedom of establishment - Legal certainty)
Language of the case: English
Parties
Applicant: Arcelor SA (Luxembourg, Luxembourg) (represented by: W. Deselaers, B. Meyring and B. Schmitt-Rady and subsequently by W. Deselaers and B. Meyring, lawyers,)
Defendants: European Parliament (represented by: K. Bradley and M. Moore and subsequently by L. Visaggio and I. Anagnostopoulou, Agents) and Council of the European Union (represented by: B. Hoff-Nielsen and M. Bishop, subsequently by E. Karlsson and A. Westerhof Löfflerova and subsequently by A. Westerhof Löfflerova and K. Michoel, Agents)
Intervener in support of the defendants : European Commission (represented by : U. Wölker, Agent)
Re:
Partial annulment of 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), and compensation for the damage allegedly suffered by the applicant in consequence of the adoption of that directive
Operative part of the judgment
The Court:
Dismisses the action;
Orders Arcelor SA to bear its own costs and those incurred by the European Parliament and the Council of the European Union;
Orders the European Commission to bear its own costs.
____________1 - OJ C 71, 20.3.2004.