EnBW Energie Baden-Württemberg AG v. Commission of the European Communities

Summary:

European Court decision on the implementation of Directive 2003/87/EC establishing the greenhouse gas allowance trading scheme. EnBW (major German energy producer) requested the annulment of the Commission decision of 7 July 2004 on the German National Allocation Plan (NAP). EnBW Energie Baden-Württemberg AG disagreed with the allocation methods for power stations decommissioning nuclear energy installations and considered the generous transfer rule illegal state aid. It claimed that the Commission had failed to initiate state aid procedures under EC law, thereby breaching Article 88 (2) of the Treaty. In its order of 30 April 2007, the Court decided that the request was inadmissible for lack of interest in bringing the proceedings.

At Issue: German electricity generator sought annulment of German National Allocation Plan