Judgment of the General Court of 26 September 2014 — Raffinerie Heide v Commission
(Case T-631/13) 1
(Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures presented by Germany — Clause relating to extremely difficult cases — Freedom to conduct a business — Right to property — Proportionality)
Language of the case: German
Parties
Applicant: Raffinerie Heide GmbH (Hemmingstedt, Germany) (represented by: U. Karpenstein, lawyer)
Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, acting as Agents)
Re:
Application for annulment of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27) in so far as Article 1(1) thereof, read in conjunction with Annex I, Point A thereto, rejects the inscription of the installation with the identification code DE000000000000010 on the list of installations provided for in Article 11(1) 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 the preliminary total annual amounts of emission allowances to be allocated for free to that installation
Operative part of the judgment
The Court:
Dismisses the action;
Orders Raffinerie Heide GmbH to pay the costs.
________________________1 OJ C 31, 1.2.2014.