30.12.2006   

EN

Official Journal of the European Union

C 331/4

Judgment of the Court (Grand Chamber) of 28 November 2006 — European Parliament v Commission of the European Communities

(Case C-413/04) (1)

(Directive 2003/54/EC - Common rules for the internal market in electricity - Directive 2004/85/EC - Temporary derogations in favour of Estonia - Legal basis)

(2006/C 331/06)

Language of the case: French

Parties

Applicant: European Parliament (represented by A. Baas and U. Rösslein, agents)

Defendant: Council of the European Union, (represented by A. Lopes Sabino and M. Bishop)

Intervener in support of the applicant: Commission of the European Communities (represented by: J. Sack and P. Van Nuffel, agents)

Intervener in support of the defendant: Republic of Estonia, (represented by L. Uibo, agent), Republic of Poland, (represented by M. Węglarz, T. Nowakowski and T. Krawczyk, agents)

Re:

Annulment of Council Directive 2004/85/EC of 28 June 2004 amending Directive 2003/54/EC of the European Parliament and of the Council as regards the application of certain provisions to Estonia (OJ 2004 L 236, p. 10) — Legal basis

Operative part of the judgment

The Court:

1)

Annuls Council Directive 2004/85/EC of 28 June 2004 amending Directive 2003/54/EC of the European Parliament and of the Council as regards the application of certain provisions to Estonia, in so far as it grants Estonia a derogation from the application of Article 21(1)(b) and (c) of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC going beyond 31 December 2008 and imposes a corresponding obligation to ensure only a partial opening of the market representing 35 % of consumption on 1 January 2009 and an obligation to communicate annually the consumption thresholds extending eligibility to final customers;

2)

Dismisses the remainder of the action;

3)

Orders the Council of the European Union to pay the costs;

4)

Orders the Republic of Poland, the Republic of Estonia and the Commission of the European Communities to bear their own costs.

(1)  OJ C 273, 6.11.2004.