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Document C2006/331/06
Case C-413/04: Judgment of the Court (Grand Chamber) of 28 November 2006 — European Parliament v Commission of the European Communities (Directive 2003/54/EC — Common rules for the internal market in electricity — Directive 2004/85/EC — Temporary derogations in favour of Estonia — Legal basis)
Case C-413/04: Judgment of the Court (Grand Chamber) of 28 November 2006 — European Parliament v Commission of the European Communities (Directive 2003/54/EC — Common rules for the internal market in electricity — Directive 2004/85/EC — Temporary derogations in favour of Estonia — Legal basis)
Case C-413/04: Judgment of the Court (Grand Chamber) of 28 November 2006 — European Parliament v Commission of the European Communities (Directive 2003/54/EC — Common rules for the internal market in electricity — Directive 2004/85/EC — Temporary derogations in favour of Estonia — Legal basis)
ĠU C 331, 30.12.2006, p. 4–4
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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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:
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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; |
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2) |
Dismisses the remainder of the action; |
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3) |
Orders the Council of the European Union to pay the costs; |
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4) |
Orders the Republic of Poland, the Republic of Estonia and the Commission of the European Communities to bear their own costs. |