Order of the Court of First Instance (Second Chamber) of 27 October 2008 – Buzzi Unicem v Commission

(Case T-241/07)

Action for annulment – Directive 2003/87/EC – System of exchange of greenhouse gas emissions allowances – National plan for the allocation of emission allowances for Italy for the period from 2008 to 2012 – Commission Decision not to raise objections on certain conditions – Not individually concerned – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Arts 230, para. 4, EC and 241 EC; European Parliament and Council Directive No 2003/87, Arts 9 and 11) (see paras 17-23, 26-27)

Re:

ANNULMENT of the Commission Decision of 15 May 2007 concerning the national plan for the allocation of greenhouse gas emission allowances notified by Italy for the period from 2008 to 2012, in accordance with Directive 2003/87/EC of the European Parliament and of the Council 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), inasmuch as the Commission makes its decision not to raise objections with regard to that national allocation plan conditional on withdrawal of the authorisation for installation operators to retain part of the allowances allocated in the event of ‘closure due to a production rationalisation process’.

Operative part

The Court:

1.

Dismisses the action as inadmissible.

2.

Orders Buzzi Unichem SpA to bear its own costs and pay those incurred by the Commission.