25.6.2005

Official Journal of the European Union

C 155/30

Action brought on 5 May 2005 by the United Kingdom of Great Britain and Northern Ireland against the Commission of the European Communities

(Case T-178/05)

(2005/C 155/58)

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 5 May 2005 by the United Kingdom of Great Britain and Northern Ireland, represented by C. Jackson, agent, assisted by M. Hoskins, Barrister.

The applicant claims that the Court should:

—	join this application with the application lodged by the United Kingdom on 11 April 2005 pursuant to Article 230 EC seeking annulment of the refusal to consider the amended NAP contained in the Commissions's letter of 1 February 2005;

—

annul Commission Decision C(2005) 1081 final dated 12 April 2005 concerning the proposed amendment to the national allocation plan for the allocation of greenhouse gas emission allowances notified by the United Kingdom in accordance with Directive 2003/87/EC of the European Parliament and of the Council; 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).

On 7 July 2004, the Commission adopted Decision C(2004)2515/4 final concerning the United Kingdom's national allocation plan under Article 9(3) 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 the challenged decision, the Commission found that the proposed amendment to the national allocation plan notified by the United Kingdom to the Commission on 10 November 2004 and last up-dated on 18 February 2005 implying an increase of the emission allowance allocations by 19.8 Mt CO2eq was inadmissible.

The United Kingdom submits that this finding of inadmissibility is wrong as a matter of law and should be annulled.

The United Kingdom contends that the challenged decision is wrong as a matter of law on the following grounds:

—	the Commission was not entitled to treat the United Kingdom's provisional national allocation plan as definitive in the decision challenged, given the express terms of the national allocation plan;

—	the Commission was obliged to consider the United Kingdom's amendments to the national allocation plan as soon as possible in order to enable the United Kingdom to comply with its obligations under the Directive;

—	the Commission's Decision C(2004)2515/4 final cannot prevent or restrict the consideration of the comments of the public required by point 9 of Annex III and Article 11(1) of the Directive, and a Member State must remain free to propose any amendments necessary, following public consultation;

—	Article 3 of the Commission's Decision C(2004)2515/4 final permits the United Kingdom to notify any amendment to the Commission, including amendments resulting in an increase to the quantity of allowances allocated.

(1) OJ L 275 of 25 October 2003, p. 32.