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Federal Republic of Germany v. Commission of the European Communities

Reporter Info: [2007] Case T-374/04
Status: Annulment granted
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • EU ETS
Jurisdictions:
  • European Union
    • General Court (known as Court of First Instance before 2010)
Principal Laws:
  • European Union
    • Secondary Law
      • Directives
        • 2003/87/EC
Summary:

European Court concluded, inter alia, that while Member States have a degree of freedom in establishing a scheme for greenhouse gas emission allowance trading within the Community, the Commission is authorized to verify that the adopted measures are consistent with Directive 2003/87. Furthermore, individual allocation of allowances for greenhouse gas emissions and the national allocation plan (NAP) are open to amendment under Article 11(1) of Directive 2003/87. The Court also noted that ex-post adjustments of allowances allocated by a NAP do not harm the principal objective of Directive 2003/87.

At Issue: Germany sought annulment of Commission decision rejecting ex post adjustments of the National Allocation Plan (NAP)
Case Documents:
Filing Date Type File Summary
11/07/2007 Judgment Download No summary available.

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