This document is an excerpt from the EUR-Lex website
Document C2007/056/70
Case T-13/07: Action brought on 12 January 2007 — Cemex UK Cement v Commission
Case T-13/07: Action brought on 12 January 2007 — Cemex UK Cement v Commission
Case T-13/07: Action brought on 12 January 2007 — Cemex UK Cement v Commission
IO C 56, 10.3.2007, p. 37–38
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)
10.3.2007 |
EN |
Official Journal of the European Union |
C 56/37 |
Action brought on 12 January 2007 — Cemex UK Cement v Commission
(Case T-13/07)
(2007/C 56/70)
Language of the case: English
Parties
Applicant: Cemex UK Cement Ltd (Thorpe, United Kingdom), (represented by: D. Wyatt QC, S. Taylor, Solicitor, S. Tromans and C. Thomann, lawyers)
Defendant: Commission of the European Communities
Form of order sought
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to annul the Commission decision of 29 November 2006, concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the United Kingdom in accordance with Directive 2003/87/EC (1); insofar as
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to order the Commission to bear the applicant's costs. |
Pleas in law and main arguments
The application at stake is made pursuant to Article 230 EC for the annulment, in relevant part, of Commission decision of 29 November 2006 concerning 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.
The grounds for annulment advanced by the applicant are mainly that the Commission allegedly failed to object to/approved an under-allocation of allowances to the applicant's Rugby plant, which, according to the applicant:
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unlawfully discriminates against that plant by failing to take sufficient account of the latter plant's period of commissioning, and by basing the allocation to the plant on a period of emissions which the United Kingdom authorities knew to be unrepresentative; |
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restricts the right of establishment of the applicant's parent company Cemex Espana, since it allegedly hinders and makes less attractive the exercise by the latter of a fundamental freedom, and cannot be justified by imperative requirements in the general interest; and |
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along with the resulting over-allocation to the applicant's competitors, amounts to state aid contrary to Article 87 and 88 EC. |
(1) Directive 2003/87/EC of the European Parliament and of the Council concerning the establishment of a scheme for greenhouse gas emission allowance trading in the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).