Order of the Court of First Instance (First Chamber) of 6 November 2007 –

Cemex UK Cement v Commission

(Case T-13/07)

Action for annulment – Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Commission Decision approving the United Kingdom national allocation plan for emission allowances – Competence of the Member States as regards the individual allocation of emission allowances – Lack of direct and individual concern – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see paras 41, 56)

Re:

APPLICATION for the annulment of Commission Decision C(2006) 5618/4 of 29 November 2006 concerning the national allocation plan for the allocation of greenhouse gas emission allowances, notified by the United Kingdom of Great Britain and Northern Ireland 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

1. The action is dismissed as inadmissible.

2. It is unnecessary to give a ruling on the application for leave to intervene by Castle Cement Ltd.

3. Cemex UK Cement Ltd is ordered to bear its own costs and pay those incurred by the Commission.

4. The United Kingdom of Great Britain and Northern Ireland is ordered to bear its own costs.