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Document 62014CJ0556

Judgment of the Court (Fifth Chamber) of 7 April 2016.
Holcim (Romania) SA v European Commission.
Appeal — Environment — Scheme for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Articles 19 and 20 — Regulation (EC) No 2216/2004 — Article 10 — System of registries for transactions concerning emission allowances — Liability for fault — Commission’s refusal to disclose information on and to prohibit all transactions involving stolen emission allowances — Strict liability.
Case C-556/14 P.

Court reports – general – 'Information on unpublished decisions' section

Judgment of the Court (Fifth Chamber) of 7 April 2016 — Holcim (Romania) v Commission

(Case C‑556/14 P) ( 1 )

‛Appeal — Environment — Scheme for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Articles 19 and 20 — Regulation (EC) No 2216/2004 — Article 10 — System of registries for transactions concerning emission allowances — Liability for fault — Commission’s refusal to disclose information on and to prohibit all transactions involving stolen emission allowances — Strict liability’

1. 

Environment — Atmospheric pollution — Directive 2003/87 — Scheme for greenhouse gas emission allowance trading — Integrated system of registers of the Union and the Member States — Data concerning allowance transactions — Communication and confidentiality — Applicable rules — Exceptions — Reliance thereon by a private company claiming to be a victim of allowance theft — Not included (Commission Regulation No 2216/2004, Art. 10; European Parliament and Council Directive 2003/87, Art. 19(3)) (see paras 44-55, 61)

2. 

Environment — Atmospheric pollution — Directive 2003/87 — Scheme for greenhouse gas emission allowance trading — Integrated system of registers of the Union and the Member States — Data concerning allowance transactions — Communication and confidentiality — Applicable rules — Annex to Decision 13/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol — Exclusion (European Parliament and Council Directive 2003/87, Art. 1) (see paras 64-67)

3. 

Appeal — Grounds — Not possible to rely on pleas against which a declaration of inadmissibility has been sought and which itself has not been challenged (Statue of the Court of Justice, Art. 58) (see para. 72)

4. 

EU law — Principles — Principle of sound administration — Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see para. 80)

5. 

Environment — Atmospheric pollution — Directive 2003/87 — Scheme for greenhouse gas emission allowance trading — Integrated system of registers of the Union and the Member States — Possibility of the Commission blocking certain allowances within a registry — Limits (Commission Regulation No 2216/2004, Arts 27 and 69; European Parliament and Council Directive 2003/87) (see para. 81)

6. 

Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 83, 95)

7. 

Appeal — Grounds — Lack of specific criticism of a point of the General Court’s reasoning — Inadmissibility (Art. 256, TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169(2)) (see para. 90)

8. 

Non-contractual liability — Conditions — Legal measure — Damage arising from the Commission’s refusal to disclose confidential information concerning greenhouse gas emissions allowances and unauthorised transfer of those allowances from the account of the company holding them — No unusual and special damage — Liability of the Union — Not included (Art. 340, second para., TFEU) (see para. 105)

Operative part

The Court:

1. 

Dismisses the appeal;

2. 

Orders Holcim (Romania) SA to pay the costs.


( 1 ) OJ C 65, 23.2.2015.

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