Action brought on 28 May 2007 — Poland v Commission

(Case T-183/07)

(2007/C 155/75)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by E. Ośniecka-Tamecka, Agent)

Defendant: Commission of the European Communities

Form of order sought

Pleas in law and main arguments

The applicant seeks annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for greenhouse gas emission allowances notified by Poland in accordance with Directive 2003/87/EC of the European Parliament and of the Council (1), in which the Commission decided that certain aspects of the Polish National Allocation Plan for CO2 Emission Allowances for 2008-2012, notified to the Commission on 30 June 2006, were not compatible with Articles 9(1) and (3), 10 and 13(2) of and the criteria set out in Annex III to Directive 2003/87/EC. That decision sets the average annual allocation of emission allowances in Poland for 2008-2012 at approximately 208.5 million tonnes of carbon dioxide equivalent. It thereby reduces by 26.7 % the carbon dioxide emission limit of 284.6 million tonnes in 2008-2012 proposed by Poland in the national allocation plan for emission allowances notified to the Commission.

The applicant submits, as grounds of the application, that the Commission, by taking the decision after the expiry of the three-month period for rejection of the national allocation plan notified by Poland in whole or in one aspect of it, infringed Article 9(3) of Directive 2003/87/EC. The applicant thereby complains that the Commission breached essential procedural requirements and exceeded its powers.

The applicant moreover complains that the Commission, when assessing the national allocation plan for allowances for 2008-2012 submitted by Poland, unjustifiably failed to assess the facts submitted by Poland in the national allocation plan and replaced an analysis of those facts by an analysis of its own facts obtained as a result of the inconsistent application of the model of economic analysis chosen by the Commission, and thereby infringed Article 9(1) of Directive 2003/87/EC and criterion 3 set out in Annex III to Directive 2003/87/EC. The applicant thereby complains that the Commission infringed essential procedural requirements.

In addition, the applicant complains that the Commission breached essential procedural requirements, and asserts that, by failing to take account when adopting the contested decision of international decisions binding on the Community (in particular the Kyoto Protocol), it infringed criteria 1, 2 and 12 set out in Annex III to Directive 2003/87/EC.

The applicant further criticises the Commission for unjustifiably limiting, in the contested decision, the possibility of transferring CO2 emission allowances from the first period (2005-2007) to the second (2008-2012), thereby infringing Articles 9(3) and 13(2) of Directive 2003/87/EC. The applicant thereby raises a complaint of exceeding of powers by the Commission.

The applicant further complains that the Commission infringed essential procedural requirements in connection with the fact that the applicant did not have before it, before the decision was taken, the actual grounds on which the Commission proposed to take its decision. Consequently, according to the applicant, it was not in a position inter alia to assess the compatibility of the contested decision with Article 175(2)(c) EC in conjunction with Article 7(1) EC.

Finally, the applicant submits that, by taking the decision without any previous consultations with it, and also by not taking Poland's specific energy balance into account, the Commission may by the contested decision affect the applicant's energy security, and it thereby exceeded its powers.

(1)  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 L 275, 25.10.2003, p. 32).