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Document C2007/315/64
Case T-374/04: Judgment of the Court of First Instance of 7 November 2007 — Germany v Commission (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — German national allocation plan for emission allowances — Measures for the ex-post adjustment of the amount of allowances allocated to installations — Commission rejection decision — Equal treatment — Duty to state reasons)
Case T-374/04: Judgment of the Court of First Instance of 7 November 2007 — Germany v Commission (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — German national allocation plan for emission allowances — Measures for the ex-post adjustment of the amount of allowances allocated to installations — Commission rejection decision — Equal treatment — Duty to state reasons)
Case T-374/04: Judgment of the Court of First Instance of 7 November 2007 — Germany v Commission (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — German national allocation plan for emission allowances — Measures for the ex-post adjustment of the amount of allowances allocated to installations — Commission rejection decision — Equal treatment — Duty to state reasons)
IO C 315, 22.12.2007, p. 34–35
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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22.12.2007 |
EN |
Official Journal of the European Union |
C 315/34 |
Judgment of the Court of First Instance of 7 November 2007 — Germany v Commission
(Case T-374/04) (1)
(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - German national allocation plan for emission allowances - Measures for the ex-post adjustment of the amount of allowances allocated to installations - Commission rejection decision - Equal treatment - Duty to state reasons)
(2007/C 315/64)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented initially by C.D. Quassowski, A. Tiemann and C. Schulze-Bahr, and subsequently by C. Schulze-Bahr and M. Lumma, Agents, and by D. Sellner and U. Karpenstein, lawyers)
Defendant: Commission of the European Communities (represented by: U. Wölker, Agent)
Re:
Application for partial annulment of Commission Decision C(2004) 2515/2 final of 7 July 2004 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany in accordance with 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), in so far as in the decision the Commission rejects certain measures for the ex-post adjustment of allowances as incompatible with criteria 5 and 10 of Annex III to the directive.
Operative part of the judgment
The Court:
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1. |
Annuls Article 1 of Commission Decision C(2004) 2515/2 final of 7 July 2004 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany in accordance with 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; |
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2. |
Annuls Article 2(a) to (c) of that decision in so far as it directs the Federal Republic of Germany, first, to omit the measures for ex-post adjustment which are referred to therein and, second, to notify the Commission of their omission; |
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3. |
Orders the Commission to pay the costs. |