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10.11.2014 |
EN |
Official Journal of the European Union |
C 395/49 |
Judgment of the General Court of 26 September 2014 — Arctic Paper Mochenwangen v Commission
(Case T-634/13) (1)
((Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Transitional rules concerning the harmonised allocation of emission allowances free of charge as from 2013 - Decision 2011/278/EU - National implementation measures submitted by Germany - Clause on cases with undue hardship - Freedom to conduct a business - Right to property - Proportionality))
(2014/C 395/62)
Language of the case: German
Parties
Applicant: Arctic Paper Mochenwangen GmbH (Wolpertswende, Germany) (represented by: S. Kobes, lawyer)
Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, Agents)
Re:
Application to annul Article 1(1) 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 it rejects the inscription of the installation with identification code DE000000000000563 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 allocated free of charge to that installation.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Arctic Paper Mochenwangen GmbH to pay the costs. |