Keywords
Subject of the case
Operative part
Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2)) (see paras 21, 27, 44-45)
2. Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87, Arts 9(3) and 11(1) and (2)) (see paras 30-33, 38-40)
Re:
APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 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
The Court:
1. Dismisses the action as inadmissible;
2. Orders Gόrażdże Cement S.A. to bear its own costs and pay those incurred by the Commission.