Notice for the OJ
Action brought on 11 April 2005 by the United Kingdom against the Commission of the European Communities
(Case T-143/05)
Language of the case: English
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 11 April 2005 by the United Kingdom, represented by C. Jackson, agent, assisted by M. Hoskins, Barrister.
The applicant claims that the Court should:
- annul the refusal of the Commission contained in its letter of 1 February 2005 to consider the amended national allocation plan submitted by the United Kingdom on 10 November 2004; and;
- order the Commission to pay the United Kingdom's costs of this action.
Pleas in law and main arguments
On 30 April 2004, the United Kingdom notified a provisional national allocation plan to the Commission pursuant to 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 1. A number of ongoing activities were identified in the plan, which according to the United Kingdom had a provisional character.
On 7 July 2004, the Commission adopted Decision C(2004)2515/4 final concerning the submitted plan identifying certain incompatibilities with Annex III of the Directive.
Following the completion of the activities identified in the provisional national allocation plan, the United Kingdom notified the Commission on 10 November 2004 that it wished to amend the provisional national allocation plan to take account of the results of this work.
By letter of 1 February 2005 the Commission informed the United Kingdom that its request to amend its national allocation plan was inadmissible as an increase of the total quantity of allowances of 19.8 million tonnes did not aim at addressing the incompatibilities identified in the Commission's Decision.
The United Kingdom challenges this refusal and submits that the Commission's letter of 1 February 2005 is a reviewable act under Article 230 EC as it is intended to have legal effects since the Commission has adopted a definitive position as to whether the United Kingdom is entitled to make amendments to the provisional national allocation plan.
The United Kingdom further alleges that the Commission's letter of 1 February 2005 is wrong as a matter of law since:
- Articles 9(1), 9(3) and 11(1) of the Directive allow for amendments to be made to the total quantity of allowances that a Member State will allocate after the adoption of a decision by the Commission under Article 9(3) of the Directive,
- Article 3(3) of the Commission's Decision C(2004)2515/4 final envisages that amendments may be made to deal with matters other than the incompatibilities identified in the Decision, and
- the United Kingdom cannot fully comply with its obligations under Article 11(1) of the Directive until the Commission has considered the amended national allocation plan in accordance with Article 9(3) of the Directive.
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